Mike O'Shaughnessy v. Onset Water Department/Fire District (SPR 20220243)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 23, 2022 SPR22/0243 David T. Gay, Esq. Legal Counsel Onset Water Department Board of Water Commissioners 73 Washington Street, P.O. Box 988 Taunton, MA 02780 Dear Attorney Gay: I have received the petition of Attorney Michael O’Shaughnessy appealing the response of the Onset Water Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 8, and again on November 24, 2021, Attorney O’Shaughnessy requested, among a list of seven categories of records, the following: 4. Copies of the recordings of the Prudential Committee for its meetings beginning on October 12, 2021 through November 11, 2021. Demand is made that all recordings be preserved and provided; 5. Copies of all meeting minutes of the of the Prudential Committee for its meetings beginning on October 12, 2021 through November 11, 2021. Previous Appeal This request was the subject of a previous appeal. See SPR21/3301 Supervisor of Records Determination (January 3, 2022). In my January 3rd determination, I ordered the Department to provide Attorney O’Shaughnessy with a response to his request. Subsequently, the Department responded on December 21, 2021, and January 11, 2022, providing responsive records. Unsatisfied with the Department’s response, and contending that additional responsive records exist, Attorney O’Shaughnessy appealed, and this case was opened as a result. Based on a letter from the Department to this office and Attorney O’Shaughnessy on February 18, 2022, it is my understanding that the Department intends to provide a subsequent response to Attorney O’Shaughnessy. Specifically, the Town stated that “minutes will be emailed to Attorney O’Shaughnessy on or before February 25, 2022 as a draft.” 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

David T. Gay, Esq. SPR22/0243 Page 2 February 23, 2022 Accordingly, the Department is ordered to provide Attorney O’Shaughnessy with a response to his request in a manner consistent with the Public Records Law and its Access Regulations no later than February 25, 2022. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If issues remain unresolved, Attorney O’Shaughnessy may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, I- - - . ~ .·· ' ·' •·· Rebecca S. Murray Supervisor of Records cc: Michael O’Shaughnessy, Esq.