Patrick D. McPhee v. Ashby, Town of - Office of the Town Clerk (SPR 20230393)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 14, 2023 SPR23/0393 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 8, 2023, Mr. McPhee requested: [1] …any/all emails used for the Town of Ashby SelectBoard, by etiher [sic] the Selectboard, Town of Ashby Contract agent “KPLaw” and the Town of Ashby Town Administrator (Active or Intern) pertaining to the SelectBoard meeting on Dec 16, 2022 and Dec 21, 2022. The Town did not list documents “emails on the minutes for ether [sic] meeting. [2] …Town Administrator termination, resignation and Separation agreement, accepted by the SelectBoard on Dec 16, 2022. [3] …personal [c]ell communications between the Town of Ashby SelectBoard pertaining to the SelectBoard meeting on Dec 16, 2022 and Dec 21, 2022. On February 27, 2023, the Town responded. Unsatisfied with the Town’s response, Mr. McPhee petitioned this office and this appeal, SPR23/0393, 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 a response to his request, 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). 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 SPR23/0393 Page 2 March 14, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Patrick McPhee Sharon P. Siegel, Esq.