Rich Saltzberg v. Oak Bluffs, Town of - Town Administrator (SPR 20222206)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 11, 2022 SPR22/2206 Wendy Brough Assistant Town Administrator Town of Oak Bluffs P. O. Box 1327 Oak Bluffs, MA 02557 Dear Ms. Brough: I have received the petition of Rich Saltzberg, of the Martha’s Vineyard Times, appealing the response of the Town of Oak Bluffs (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 5, 2022, Mr. Saltzberg requested “any and all ... attorney work product related to the FBI investigation into the FD/Ambulance Service billing practices and any related matters” for two named attorneys and their firms. The Town responded on September 19, 2022, and again on September 27, 2022, providing numerous responsive records and withholding others. Unsatisfied with the Town’s response, Mr. Saltzberg appealed, and this case was opened as a result. Subsequent to the opening of this appeal, in an email to the Town and this office on October 6, 2022, Mr. Saltzberg modified the scope of his request. On the same day, an attorney for the Town stated that the Town would “act expeditiously to respond to the [Martha’s Vineyard] Times’s clarified request for records, and to see if there is a chance to resolve any and all issues pertaining to its request amicably.” Given the modification to Mr. Saltzberg’s original request, and the Town’s intent to provide a subsequent response, I find it unnecessary to address the issues raised in this appeal at this time. Accordingly, the Town is ordered to provide Mr. Saltzberg with a response to his modified October 6th request 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 this response to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. Saltzberg may appeal the substantive nature of the Town’s response to his modified request 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

Wendy Brough SPR22/2206 Page 2 October 11, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Rich Saltzberg David J. Apfel, Esq.