Benjamin C. Guthrie v. Falmouth, Town of - Town Clerk (SPR 20230849)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 10, 2023 SPR23/0849 Maura E. O’Keefe, Esq. Town Counsel Town of Falmouth 157 Locust Street Falmouth, MA 02540 Dear Attorney O’Keefe: I have received the petition of Sergeant Benjamin C. Guthrie appealing the response of the Town of Falmouth (Town) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On February 13, 2023, Sergeant Guthrie requested “[a]ny and all documents (paper or electronic), video or audio recordings, and all correspondence reflecting, evidencing, referencing or constituting a complaint regarding allegations of untruthfulness perpetrated by [named] police [officer].” The Town provided a response on February 24, 2023. Unsatisfied with the response, Sergeant Guthrie petitioned this office and this appeal, SPR23/0849, was opened as a result. Based upon a conversation between a representative of the Town and a staff attorney of the Public Records Division, it is my understanding that the Town intends on providing a further response to Sergeant Guthrie to address his records request. Accordingly, the Town is ordered to provide Sergeant Guthrie with said response in a manner consistent with 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. Sergeant Guthrie 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: Sergeant Benjamin C. Guthrie 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