Elizabeth Garthe v. Marblehead, Town of (SPR 20201482)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 10, 2020 SPR20/1482 Kyle Wiley Records Access Officer Town of Marblehead Abbott Hall 188 Washington Street Marblehead, MA 01945 Dear Ms. Wiley: I have received the petition of Elizabeth Garthe appealing the response of the Town of Marblehead (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on August 9, 2020, Ms. Garthe requested “a copy of a single ‘Written Analysis’ (The Analysis) that the State of Massachusetts ordered the Town to complete within 30 days of August 21, 2019 (over one year ago) in order to begin a process to correct what the State has ruled are unsafe and unlawful conditions at the condominium building containing our home.” Unsatisfied with the Town’s response, Ms. Garthe petitioned this office and SPR20/1482 was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Town representative, it is my understanding that the Town intends on providing a subsequent response to Ms. Garthe to address her concerns. Accordingly, the Town is ordered to provide Ms. Garthe with a response to her request in a manner consistent with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Garthe 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: Elizabeth Garthe 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