James Sullivan v. Bellingham, Town of - Town Clerk (SPR 20210331)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 24, 2021 SPR21/0331 Lawrence Sposato, Jr. Town Clerk Town of Bellingham 10 Mechanic Street Bellingham, MA 02019 Dear Mr. Sposato: I have received the petition of James Sullivan, of WFKI AM FM Radio Group, appealing the response of the Town of Bellingham (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 23, 2020, Mr. Sullivan requested “… a latest revised copy of the [T]own’s Reverse 911 dialer list modified no later than the date you sign[ed] for this certified mail request that [is] … on file with Code Red ... Requested is a printed paper version of data and an electronic compatible data form that Code Red can export from their PBX dialer system to an Asterisk system. (csv tab delimited, xlsx, comma based).” Prior appeals The responsive records were the subject of prior appeals. See SPR20/2104 Determination of the Supervisor of Records (November 10, 2020); SPR20/1980 Determination of the Supervisor of Records (October 29, 2020); SPR20/2392 Determination of the Supervisor of Records (December 9, 2020); and SPR20/2591 Determination of the Supervisor of Records (January 12, 2021). I closed my January 12th determination ordering the Town to provide a response in accordance with the Order, the Public Records Law and its Regulations. The Town responded on January 28, 2021. Unsatisfied with this response, Mr. Sullivan appealed and SPR21/0331, 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 Mr. Sullivan to address his concerns. Accordingly, the Town is ordered to provide Mr. Sullivan with a response to his request, in a manner consistent with the Public Records Law and its 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. Mr. 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

Lawrence Sposato, Jr. SPR21/0331 Page 2 February 24, 2021 Sullivan 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: James Sullivan Janelle M. Austin, Esq., KP Law, P.C.