Andrew Quemere v. Egremont, Town of - Town Clerk (SPR 20230626)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 14, 2023 SPR23/0626 Juliette Haas Town Clerk Town of Egremont 171 Egremont Plain Road South Egremont, MA 01258 Dear Ms. Haas: I have received the petition of Andrew Quemere appealing the response of the Town of Egremont (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 6, 2023, Mr. Quemere requested the following records for a named person: [1] All internal affairs records for [an identified individual] [2] All records discussed at any disciplinary hearings for [an identified individual] [3] All letters, emails, and other communications informing [an identified individual] of a disciplinary hearing and all responses from [an identified individual] [4] All letters, emails, and other communications informing [an identified individual] of the outcome of a disciplinary hearing and all responses from [an identified individual] [5] All letters, emails, and other communications informing [an identified individual] of a change to his employment status and all responses from [an identified individual] [6] All letters, emails, and other communications by [an identified individual] informing the Town of his resignation [7] All severance agreements with [an identified individual] Prior Appeal The requested records were the subject of a prior appeal. See SPR23/0583 Determination of the Supervisor of Records (March 31, 2023). In my March 31st determination, I closed the appeal after the Town provided Mr. Quemere with a further response on March 30, 2023. In the March 30th response, the Town indicated that it was withholding records pursuant to an ongoing 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

Juliette Haas SPR23/0626 Page 2 April 14, 2023 investigation. Unsatisfied with the Town’s response, Mr. Quemere petitioned this office and this appeal, SPR23/0626, 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. Quemere. The Town’s response will address the status of the above mentioned investigation and provide additional information regarding the applicability of Exemption (c) to withhold the responsive records. Accordingly, the Town is ordered to provide Mr. Quemere with said response in a manner consistent with this order, 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. Quemere 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: Andrew Quemere