Patrick D. McPhee v. Ashby, Town of - Office of the Town Clerk (SPR 20230242)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 22, 2023 SPR23/0242 Angela Jack Town Clerk Town of Ashby 893 Main Street Ashby, MA 01431 Dear Ms. Jack: I have received the petition of Patrick McPhee appealing the response of the Town of Ashby (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 3, 2023, Mr. McPhee requested: [1] any/all emails used for the Town of Ashby SelectBoard [sic] and Town of Ashby Contract agent “KPLaw” and Town Administrator…pertaining to the SelectBoard [sic] meeting on Nov[.] 22, 2022. The Town did not list documents “emails” on the Minutes. Documents include in this request is Separation agreement draw-up by legal[;] [2] All information on the follow-up by the board pertaining with Town Administrator…or her Attorney…on her termination and Separation agreement[;] [3]…personal [c]ell communications between the Town of Ashby SelectBoard [sic] pertaining to the SelectBoard [sic] meeting on Nov[.] 22, 2022. On February 6, 2023, Mr. McPhee clarified his request and stated: Lets [sic] limit this to one week prior to the Nov 22, 2022. OML recent rulings are also include violation of phone communication between members, including legal team and boards. Please also expand this to include emails between members, to also include emails with legal. On February 7, 2022, the Town responded. Unsatisfied with the Town’s response, Mr. McPhee petitioned this office and this appeal, SPR23/0242, was opened as a result. Subsequently, I learned that the Town provided a further response to Mr. McPhee dated February 17, 2023. Where this appeal was opened as a result of the Town’s February 7th response, I will now consider this administrative appeal closed. Mr. McPhee may appeal 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

Angela Jack SPR23/0242 Page 2 February 22, 2023 the substantive nature of the Town’s February 17th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Patrick McPhee