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Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20212275)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 09-07-2021

ClosedAppealPetitioner Won

SPR 20212275 is a Massachusetts Public Records Law appeal filed by Timothy A. Toomey concerning records held by Rowley, Town of - Town Clerk, opened 09-07-2021. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20212275
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Timothy A. Toomey
Custodian
Rowley, Town of - Town Clerk
Date Opened
09-07-2021
Date Closed
09-21-2021
Time to Comply
12 Business Days

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 21, 2021 SPR21/2275 Catherine M. McClenaghan Town Clerk Town of Rowley 139 Main Street Rowley, MA 01969 Dear Ms. McClenaghan: I have received the petition of Timothy Toomey appealing the response of the Town of Rowley (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 8, 2021, Mr. Toomey requested: “…all information relating to Town of Rowley electric light department bills or invoices for the property located at [named address] under any names including and not limited to, [named person and named location] services over the last 6 months. This includes light poles rental fees or power useage.” Prior appeals The responsive records were the subject of prior appeals. See SPR21/2019 Determination of the Supervisor of Records (August 24, 2021); SPR21/1824 Determination of the Supervisor of Records (August 6, 2021); See SPR21/1560 Determination of the Supervisor of Records (July 8, 2021). In my August 24th determination, I found that it was unclear whether the Town had additional records and ordered the Town to provide a response. Subsequently, the Town responded. Unsatisfied with the Town’s response, Mr. Toomey appealed and SPR21/2275 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 further response to Mr. Toomey. Accordingly, the Town is ordered to provide Mr. Toomey with a response to his request in a manner consistent with the Public Records Law and its Access 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. Toomey 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

Catherine M. McClenaghan. SPR21/2275 Page 2 September 21, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Timothy Toomey Diedre Lawrence, Esq.