James R. Waugh v. Belmont, Town of - Town Clerk (SPR 20221713)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 9, 2022 SPR22/1713 Ellen O’Brien Cushman Town of Belmont Office of the Town Clerk 455 Concord Avenue Belmont, MA 02478 Dear Ms. O’Brien Cushman: I have received the petition of James R. Waugh appealing the response of the Town of Belmont (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 22, 2021, Mr. Waugh requested: 1) All Belmont, MA Covid-19 safety violation citations; filed from 3/10/2020 to the present; and, 2) All Belmont, MA Covid-19 safety-related complaints filed from 3/10/2020 to the present. Previous Appeals This request was the subject of previous appeals. See SPR21/2048 Determination of the Supervisor of Records (August 23, 2021), SPR21/3066 Determination of the Supervisor of Records (December 6, 2021), and SPR22/0898 Determination of the Supervisor of Records (April 28, 2022). In the April 28th determination, the Supervisor stated that she was unable to opine on the appeal, and noted that the Public Records Access Regulations require that requestors provide complete copies of all correspondence associate with a petition. See 950 C.M.R. 32.08(1)(f). Subsequently, Mr. Waugh again petitioned this office on July 20, 2022, and this case was opened as a result. Current Appeal In various responses beginning in December 2021 and continuing through July 2022, the Town provided Mr. Waugh with several hundred pages of records. In his appeal petition, Mr. Vaugh contends that certain records are missing from those provided to him by the Town, and argues that the Town ought to conduct a “manual supplemental search” of its records. 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

Ellen O’Brien Cushman SPR22/1713 Page 2 August 9, 2022 Based on a phone conversation between this office and an attorney for the Town on August 8, 2022, I understand that the Town intends to provide a supplemental response to Mr. Waugh, consisting of two additional records responsive to his request. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. Waugh may appeal the substantive nature of the Town’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: James R. Waugh Paul Kominers, Esq.