Joseph M. Ganley v. Harwich, Town of (SPR 20210700)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 31, 2021 SPR21/0700 Anita N. Doucette Town of Harwich 732 Main Street Harwich, MA 02645 Dear Ms. Doucette: I have received the petition of Joseph Ganley appealing the nonresponse of the Town of Harwich (Town) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Ganley submitted a request for the following records: 1. All correspondence via US mail, email, fax, text message or other correspondence between the members of the Harwich Ad Hoc Noise Containment Committee (“The Committee”) and the Board of Selectmen, (“The Board”), the Town Administrator, his predecessors, or and any staff of the Town of Harwich. 2. All correspondence via U.S. mail, email, fax, text message or other correspondence between the Town Administrator, the Chief of Police, and the Board, or any member thereof related to alleged violations by an establishment DBA: The Port Restaurant, 541 MA-28 Harwich Port, MA 02646 of any and all of the following, liquor license, entertainment license, COVID-19 regulations. 3. Any and all documents, in possession of the Town of Harwich and/or The Board, including its members, departments and assigns, dated from 1/1/2019 to 5/5/2021, or undated but relevant to that time period, related to the liquor license issued to an establishment DBA: The Port Restaurant, 541 MA-28 Harwich Port, MA 02646. 4. Any and all documents, in possession of the Town of Harwich and/or The Board including but not limited to, its members, departments and assigns, dated from 1/1/2019 to 5/5/2021, or undated but relevant to that time period, related to the entertainment license for an establishment DBA: The Port Restaurant, 541 MA-28 Harwich Port, MA 02646. 5. Any and all documents, in possession of, or originating from, specifically, the Town of Harwich Health Department (“The Department”) related to an establishment DBA: The Port Restaurant, 541 MA-28 Harwich Port, MA 02646, dated from 1/1/2019 to 5/5/2021. 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 Brown SPR17/276 Page 2 March 3, 2017 6. Any and all documents, including but not limited to incident reports and call logs in the possession of, or originating from specifically, the Harwich Police Department dated from 1/1/2019 to 5/5/2021 related to an establishment DBA: The Port Restaurant, 541 MA-28 Harwich Port, MA 02646. 7. Any and all minutes, memoranda, or other records related to enforcement hearings conducted by the Town Administrator, or his/her predecessors, or successors, sitting as hearing officer related to violations by an establishment DBA: The Port Restaurant 541 MA-28 Harwich Port, 02646, dated from 1/1/2019 to 5/5/2021. 8. Any and all documents, including but not limited to any and all correspondence from residents, regarding complaints regarding noise, COVID restrictions, and liquor license violations related to an establishment DBA: The Port Restaurant 541 MA-28 Harwich Port, MA 02646 9. Any and correspondence by and between the Town of Harwich, its departments and assigns, included but not limited to the Board, the Harwich Police Department, the Town Administrator and the Alcohol Beverage Control Commission. (“ABCC”) dated from 1/1/2019 to 5/5/2021 related to an establishment DBA: The Port Restaurant, 541 MA-28 Harwich Port, MA 02646 Claiming to not yet have received a response, Mr. Ganley petitioned this office and this appeal was opened as a result. Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from the Town intends on providing written a response to Mr. Ganley. Accordingly, the Town is ordered to provide Mr. Ganley with a response made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of the response to this to this office at pre@sec.state.ma.us. Mr. Ganley 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: Joseph Ganley