Martin Y. Benson v. Acton, Town of - Town Clerk (SPR 20230655)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 12, 2023 SPR23/0655 Eva Szkaradek Records Access Officer Town of Acton Town Hall 472 Main Street Acton, MA 01720 Dear Ms. Szkaradek: I have received the petition of Martin Y. Benson appealing the response of the Town of Acton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 20, 2022, Mr. Benson requested the following records: [1] All emails sent or received between [identified individuals], from October 1, 2021 to the present…[;] [2] All emails, to or from [a named individual], that relates in any way to the ten key words from June 1, 2020 to the present…[;] [3] All emails, to or from [a named individual], that relates in any way to the five key words; from July 1, 2018 to present…[;] [4] All police reports that relate to the investigation of Zoom bombing incidents which occurred at school committee meetings on December 17, 2020 and January 7, 2021 as well as the Select Board meeting on January 11, 2021. Prior Appeals The requested records were the subject of prior appeals. See SPR22/1137 Determination of the Supervisor of Records (May 26, 2022); SPR22/1534 Determination of the Supervisor of Records (July 20, 2022); SPR22/2329 Determination of the Supervisor of Records (October 31, 2022) and SPR23/0175 Determination of the Supervisor of Records (February 10, 2023). In my February 10th determination, I closed the appeal based on the understanding that the Town would provide a further response to Mr. Benson. Subsequently, on March 30, 2023, the Town provided a response. On March 29, 2023, Mr. Benson further petitioned this office regarding certain redactions 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

Eva Szkaradek SPR23/0655 Page 2 April 12, 2023 made in the Town’s response provided on December 30, 2022. Mr. Benson objected to the redactions made pursuant to Exemptions (c) and (f) of the Public Records Law. G. L. c. 4, § 7(26)(c), (f). As a result, this appeal was opened. 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. Benson. Accordingly, the Town is ordered to provide Mr. Benson 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. Benson 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: Martin Y. Benson Nina Pickering-Cook, Esq. Leo Mercado