Patrick D. McPhee v. Ashby, Town of - Office of the Town Clerk (SPR 20230392)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 14, 2023 SPR23/0392 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 and Town of Ashby Contract agent “KPLaw” and Town Administrator…pertaining to the SelectBoard 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 pertaining to the SelectBoard 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. Prior Appeal The requested records were the subject of a prior appeal. See SPR23/0242 Determination of the Supervisor of Records (February 22, 2023). In my February 22nd determination, I closed the appeal after the Town provided a further response on February 17, 2023. Unsatisfied with the 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 SPR23/0392 Page 2 March 14, 2023 Town’s response, Mr. McPhee petitioned this office and this appeal, SPR23/0392, was opened as a result. 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. McPhee. Accordingly, the Town is ordered to provide Mr. McPhee with said response, in a manner consistent with the Public Records Law and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. McPhee 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: Patrick McPhee Sharon P. Siegel, Esq.