Walter Wuthmann v. Erving Board of Selectmen (SPR 20230091)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 31, 2023 SPR23/0091 Bryan Smith Records Access Officer Town of Erving 12 East Main Street Erving, MA 01344 Dear Mr. Smith: I have received the petition of Walter Wuthmann, of WBUR, appealing the response of the Town of Erving (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 28, 2022, Mr. Wuthmann requested the following records: [1] Copies of any complaints against [named person of Erving Police Department] … since the town last provided materials to WBUR on August 26, 2022. [2] Copies of email or written correspondence between members of the Erving Select Board and the Town Administrator related to [named person] since August. [3] Copies of email or written correspondence between the Town Administrator and/or Select Board Chairman and [named person] regarding matters of professional reputation since August. The Town responded on January 13, 2023. Unsatisfied with the Town’s response, Mr. Wuthmann petitioned this office and this appeal, SPR23/0091, was opened as a result. Based upon a conversation between a Public Records Division senior attorney and a Town representative, it is my understanding that the Town intends on providing a further response to Mr. Wuthmann. Accordingly, the Town is ordered to provide Mr. Wuthmann with said response in a manner consistent with this order, the Public Records Law and its 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. Wuthmann 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

Bryan Smith SPR23/0091 Page 2 January 31, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Walter Wuthmann