Melissa Noe v. Monterey, Town of - Town Clerk (SPR 20212500)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 12, 2021 SPR21/2500 Terry Walker Town Clerk Town of Monterey 435 Main Road Monterey, MA 01245 Dear Ms. Walker: I have received the petition of Melissa Noe appealing the nonresponse of the Town of Monterey (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 14, 2021, Ms. Noe requested certain communications from July 21, 2021. Claiming to not yet have received a response Ms. Noe petitioned this office, and this appeal, SPR21/2500 was opened as a result. The Public Records Law Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days from receipt of the request. G. L. c. 66, § 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequently, I learned that the Town provided a response to Ms. Noe dated September 14 and September 30, 2021. Where this matter was opened based upon the Town’s lack of a written response, I will now consider this appeal closed. Ms. Noe may appeal the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Melissa Noe 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