David A. Wojcik v. East Brookfield, Town of - Office of the Town Clerk (SPR 20230399)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 14, 2023 SPR23/0399 Susan Jacobs Town Clerk Town of East Brookfield 122 Connie Mack Drive East Brookfield, MA 01515 Dear Ms. Jacobs: I have received the petition of David A. Wojcik, Esq., of Christopher, Hays, Wojcik & Mavricos, LLP, appealing the nonresponse of the Town of East Brookfield Conservation Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 8, 2023, Attorney Wojcik requested the following records: [1] The enforcement order discussed and/or signed at the Commission meeting of July 28, 2021 with respect to [an identified] property ... and all drafts of said enforcement order and all emails, correspondence, memos and notes relative to said enforcement order. [2] All emails, correspondence, notes, records and Commission minutes concerning consultations between the Commission and/or any of its individual members and the Massachusetts Department of Environmental Protection relating to whether the Lake Lashaway “Drawdown Area is a wetland resource area ...” [3] All minutes of votes of the Commission determining that the Lake Lashaway Drawdown area is a wetland resource area called “land under lake” ... [4] The “Open Meeting Letter from Attorney General” referenced in the agenda for the November 1, 2022 Commission Meeting. [5] All pictures, video and audio taken by [an identified person] on March 22, 2021 at [identified locations] ... [6] All minutes, draft minutes and notes for all Commission meetings held during calendar year 2021. [7] All Commission minutes of meetings at which the Commission discussed, rescinded, altered or amended the policy/guidelines for lake front clean up entitled: ‘New Release, Guidelines for removing material from Lake Lashaway during drawdown’ ... 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

Susan Jacobs SPR23/0399 Page 2 March 14, 2023 Claiming to not yet have received responsive records, Attorney Wojcik petitioned this office and this appeal, SPR23/0399, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Commission has provided a response. Accordingly, the Commission is ordered to provide Attorney Wojcik with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Attorney Wojcik may appeal the substantive nature of the Commission’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: David A. Wojcik, Esq.