Michelle Lombard v. Barnstable, Town of - Office of Town Clerk (SPR 20210121)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 2, 2021 SPR21/0121 Karen Nober, Esq. Town Attorney Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Attorney Nober: I have received the petition of Michelle Lombard appealing the response of the Town of Barnstable (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 16, 2020, Ms. Lombard requested “Town of Barnstable documents (electronic mail, documents, text messages) about the creation and application of this language to its rental registration form by, to, or from [named individuals] including any and all correspondence beginning March 1, 2019 through November 13, 2020…” The request was revised on December 11, 2020. The Town provided responses, indicating they intended to withhold responsive records pursuant to attorney-client privilege and Exemption (d). Unsatisfied with the Town’s responses, Ms. Lombard petitioned this office and this appeal, SPR21/0121, was opened as a result. In her appeal, Ms. Lombard indicates “[o]n January 7, 2021, Barnstable sent me a list of withheld records.” After a review of the case file, it is unclear if this January 7th response was provided. Further, it is unclear if a copy of the revised request, referenced in the appeal as being received by the Town on December 11, 2020, was provided. See 950 C.M.R. 32.08(1)(g) (requesters shall provide to the Supervisor complete copies of all correspondence associated with the petition). Accordingly, I am unable to opine on this appeal at this time. If unresolved issues remain, Ms. Lombard may file an appeal with this office with the necessary documents. 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

Karen Nober, Esq. SPR21/0121 Page 2 February 2, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Michelle Lombard