Elizabeth Garthe v. Marblehead, Town of (SPR 20210342)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 26, 2021 SPR21/0342 Kyle Wiley Records Access Officer Town of Marblehead 188 Washington Street Abbot Hall 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). On January 25, 2021, Ms. Garthe requested “… all emails (and their associated attachments) sent from, or received by, (whether directly or via a CC, forward or BCC) to all official email addresses being used by [named individuals] in their roles as Building Commissioners or Acting Building Commissioner of the Town of Marblehead [including] but are not limited to: [identified email addresses] … and attachments for the period December 4, 2020 through today, January 25, 2021, inclusive.” Unsatisfied with the Town’s response, Ms. Garthe appealed, and SPR21/0342 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 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). 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

Kyle Wiley SPR21/0342 Page 2 February 26, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Elizabeth Garthe