Martin Y. Benson v. Acton, Town of - Town Clerk (SPR 20230175)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 10, 2023 SPR23/0175 Eva Szkaradek Records Access Officer Town of Acton Town Hall 472 Main Street Acton, MA 01720 Dear Ms. Szkaradek: I have received the petition of Martin Y. Benson appealing the response of the Town of Acton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 20, 2022, Mr. Benson requested the following records: [1] All emails sent or received between [identified individuals], from October 1, 2021 to the present…[;] [2] All emails, to or from [a named individual], that relates in any way to the ten key words from June 1, 2020 to the present…[;] [3] All emails, to or from [a named individual], that relates in any way to the five key words; from July 1, 2018 to present…[;] [4] All police reports that relate to the investigation of Zoom bombing incidents which occurred at school committee meetings on December 17, 2020 and January 7, 2021 as well as the Select Board meeting on January 11, 2021. Prior Appeals The requested records were the subject of prior appeals. See SPR22/1137 Determination of the Supervisor of Records (May 26, 2022); SPR22/1534 Determination of the Supervisor of Records (July 20, 2022) and SPR22/2329 Determination of the Supervisor of Records (October 31, 2022). In my October 31st determination, I learned that the Town intended on providing a further response and closed the appeal. On December 30, 2022, the Town responded. Unsatisfied with the Town’s response, Mr. Benson petitioned this office and this appeal, SPR23/0175, was opened as a result. 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

Eva Szkaradek SPR23/0175 Page 2 February 10, 2023 Based upon a conversation between a Public Records Division staff attorney and a Town representative, it is my understanding that the Town intends on providing a subsequent response to Mr. Benson. Accordingly, the Town is ordered to provide Mr. Benson 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. Benson may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Martin Y. Benson