Christopher Nesbitt v. Methuen, City of - City Clerk (SPR 20200971)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 2, 2020 SPR20/0971 John J. Wilson, Jr., Esq. City of Methuen Office of the City Clerk 41 Pleasant Street Methuen, MA 01844 Dear Attorney Wilson: I have received the petition of Christopher Nesbitt appealing the response of the City of Methuen Office of the City Clerk (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on June 18, 2020, Mr. Nesbitt requested the following records within the possession of the City: • The resignation letter of Ronald Parrino from his position on the Licensing Board • Any emails on file with any city department regarding Ron Parrino’s resignation • Any emails on file with any city department regarding Valley Towing • Any emails on file with any city department regarding Chris Nesbitt and/or Charles Nesbitt • Any emails on file with any city department sent to or received from the email address Valley.Towing@gmail.com. The City provided a response dated June 18, 2020 explaining “due to the State of Emergency on March 10, 2020 and Methuen…declared a State of Emergency on March 20, 2020, Methuen City Offices are closed to the public for the time being. It has not yet been determined when offices will reopen.” See 950 CMR 32.02. Unsatisfied with the response provided, Mr. Nesbitt petitioned this office and this appeal, SPR20/0971, was opened as a result. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

John J. Wilson, Jr., Esq. SPR20/0971 Page 2 July 2, 2020 Subsequent to the intervention by a staff member of the Public Records Division, I learned that the City is working with Mr. Nesbitt in seeking further clarification regarding the nature of his request. Additionally, Mr. Nesbitt’s request “has been assigned to the City’s IT Administrator…efforts to respond were initiated immediately upon receipt of the request.” I encourage the parties to communicate further to assist the City in providing the records efficiently and affordably. The City is to provide a response in accordance with the Public Records Law and its Access Regulations as soon as practicable. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Nesbitt may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Christopher Nesbitt