Gordon Clark v. Townsend, Town of - Town Administrator (SPR 20210902)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 20, 2021 SPR21/0902 James M. Kreidler, Jr. Town Administrator Town of Townsend 272 Main Street Townsend, MA 01469 Dear Mr. Kreidler: I have received the petition of Gordon Clark appealing the response of the Town of Townsend (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Clark requested “a copy of the complete investigation of police conduct contracted with [a certain law firm] completed in 2019-2020.” The Town responded on February 17, 2021, providing a redacted “copy of an investigative report presented to the Townsend Board of Selectmen re: a citizen complaint against the Townsend Police Department.” Unsatisfied with the Town’s response, Mr. Clark appealed, and this case was opened as a result. In his appeal petition, Mr. Clark states that he “did receive a partial response from the Town Administrator . . . with a copy of the report and no attachments and supporting documents.” Subsequent to the intervention by a staff attorney of the Public Records Division, I learned that the Town intends to provide additional records responsive to Mr. Clark’s request. In an email to this office on April 13, 2021, the Town stated “that the attachments are being redacted in accordance with the law by [the] town counsel and [the Town] will forward them along directly once [the Town has] received them.” The Town further indicated that it continues to work with counsel to redact and provide the additional responsive records. Accordingly, the Town is ordered to provide Mr. Clark with a response in accordance with the Public Records Law, its Access Regulations and this order within ten 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. Mr. Clark 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

James M. Kreidler, Jr. SPR21/0902 Page 2 April 20, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Gordon Clark