Christopher P. Loreti v. Arlington Town Manager (SPR 20201382)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 26, 2020 SPR20/1382 Raymond T. Santilli Assistant Town Manager Records Access Officer Town of Arlington 730 Massachusetts Avenue Arlington, MA 02476 Dear Mr. Santilli: I have received the petition of Christopher Loreti appealing the response of the Town of Arlington (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on August 12, 2020, Mr. Loreti requested: “ … the complete ZBA Docket 3546, includ[ing] at least one memo from the Planning Dept. …and at least one additional document from the attorney for the applicant… [and] electronic copies of all documents created for or submitted for Docket 3546--excepting, of course, those in the attached file.” Unsatisfied with the response, Mr. Loreti appealed and SPR20/1382 was opened as a result. Subsequent to the intervention by a staff attorney of the Public Records Division, I learned that the Town responded to Mr. Loreti’s request with a supplemental response sent on August 25, 2020. In its response, the Town stated, “[a]s a result of Mr. Loreti’s inquiry, a request was immediately sent to the Inspectional Services Division, the ZBA Clerk and ZBA Chair.” The Town sent to Mr. Loreti additional documents related to SBA Docket #3546. Although Mr. Loreti received a response with a link to download requested documents as part of his original November 2019 public records request, Mr. Loreti requested that the document link be made available again. In its response the Town asserted, “[it] is unable to restore the download link.” Please be aware, the Public Records Law requires a records access officer to furnish a copy of any public record in response to a request. G. L. c. 66, § 10(a); 950 C.M.R. 32.06 (2)(a). It is my understanding the Town previously provided Mr. Loreti a copy of records responsive to 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

Raymond T. Santilli SPR20/1382 Page 2 August 26, 2020 this request and have confirmed that no additional responsive records, including the requested briefing memorandum, exist. Under the Public Records Law, the Town is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, §10(a)(ii). Whereas the Town has confirmed that all responsive records have been provided, I will now consider this administrative appeal closed. If Mr. Loreti is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuit of administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Christopher Loreti