Mary Dormer v. Carver, Town of - Town Clerk (SPR 20210689)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 2, 2021 SPR21/0689 Cara Dahill Town Clerk Town of Carver 108 Main Street Carver, MA 01773 Dear Ms. Dahill: I have received the petition of Mary Dormer appealing the response of the Town of Carver (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 8, 2021, Ms. Dormer requested “…information regarding the number of freezers at the COA, an inventory of food, receipts for food, all financial information for the COA, including any donations and subsidiaries provided by the Friends of Carver from 2013 to the present. Provide a full accounting of all monies received and spent from 2013 to the present. Provide a job description for the person or persons who provide outreach, actives coordinator, food services, meals on wheels or any other outreach program for the senior population of the Town of Carver.” Previous Appeals The request was the subject of previous appeals. See SPR21/0340 Determination of the Supervisor of Records (February 19, 2021); SPR21/0367 Determination of the Supervisor of Records (March 1, 2021); SPR21/0471 Determination of the Supervisor of Records (March 9, 2021). The appeal was closed after the Town provided an updated fee estimate on February 24, 2021. Claiming to not have received all responsive records, Ms. Dormer petitioned this office and SPR21/0689 was opened as a result. Current Appeal In a response provided by the Town on February 11, 2021, the Town indicates “the Friends of the COA have never given money directly to the COA so there is no record of funds received by the COA from the Friends.” In her current appeal, Ms. Dormer contends “[f]or several years [an identified individual] 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

Cara Dahill SPR21/0471 Page 2 March 9, 2021 was in control of the check book from the friends of carver and I am seeking those records from her tenure as Director of the COA.” Subsequent to the intervention by a staff attorney of the Public Records Division, the Town emailed this office on April 1, 2021, indicating it is “awaiting responses from The Town Administrator, Assistant Town Administrator/Human Resources and Treasurer and COA Director whom would have the records that were requested. [The Town] believe[s] that the only answers missing are those that need payment to produce and research in the PRR response file above that was prepared . I have asked for clarification as you requested.” The Town provided a response from the Town Administrator indicating it is “not in possession of any financial records of the Council on Aging.” Based on Ms. Dormer’s petition, I find the Town must clarify if they possess additional responsive records to her request. Further, the Town must explain whether responsive records existed and were destroyed, or whether the records did not initially exist. Conclusion Accordingly, the Town is ordered to provide Ms. Dormer with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Mary Dormer