Paul McLaughlin v. Adams, Town of - Town Clerk (SPR 20201087)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 15, 2020 SPR20/1087 Haley Meczywor Town Clerk Town of Adams 8 Park Street Adams, MA 01220 Dear Ms. Meczywor: I have received the petition of Catherine Foster appealing the nonresponse of the Town of Adams (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 7, 2020, Ms. Foster requested: “[1]. All prior inspection reports/occupancy permits for 10 Murray Street. These were requested from Town Clerk Meczywor, beginning on 5/7 and from Building Commissioner Garner on 5/29. [2]. Emails between Rebecca Ferguson and Mark Blaisdell, and assistant Deb Gerry that reference me. Requested from Town Clerk Meczywor on 5/7/20, the Community Development Director Cesan on 5/29/20, and Building Commissioner Garner on 5/29/20. An email dated June 1, 2020 between Ferguson and Community Development Director Cesan confirms the existence of such communications. [3]. The picture attachment that supports the 1/14/08 letter to the Fire District from then-Code Enforcement Officer Scott Koczela. The attachment was not included with the letter provided by Town Clerk Meczywor, and was specifically requested from Building Commissioner Garner on 5/29/20. [4]. Text messages. These were requested from Town Clerk Meczywor on 5/7/20, Building Commissioner Garner on 5/29/20, Community Development Director Cesan on 5/29/20, and Board of Health Chair Peter Hoyt on 5/29/20. To date, no text messages have been provided. [5]. Written communications about me specifically to/from Scott Koczela, requested generally from Town Clerk Meczywor on 5/7/20, and specifically from Building Commissioner Garner on 5/29/20, and Community Development Director Cesan on 5/29. [6]. A copy of the audiotape from the March 4, 2020 Board of Health meeting. This was requested from Building Commissioner Garner on 5/31 and 6/3, from Town Counsel Edmund St. John on 4/1, and BOH Chair Hoyt on 5/20, 6/11, 6/18, and 6/22. 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

Haley Meczywor SPR20/1087 Page 2 July 15, 2020 [7]. I was not provided the attachment to the email from Health Department Inspector Blaisdell to BOH members dated 3/3. [8]. The town did not provide all emails about me between the Health department and DPH employee Paul Halfmann.” Based upon a conversation between a Public Records Division staff attorney and a Town representative, it is my understanding that the Department intends on providing a response to Ms. Foster to address her concerns. Accordingly, the Town is ordered to provide Ms. Foster with a response to her request in a manner consistent with the Public Records Law and its Access Regulations as soon as is practicable. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Foster may appeal the substantive nature of the Town's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Catherine Foster