Anthony DePrizio v. Falmouth, Town of (SPR 20231128)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 9, 2023 SPR23/1128 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 Anthony J. DePrizio appealing the response of the Town of Falmouth (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 15, 2023, Mr. DePrizio requested “[a]ll active directory password change logs for the following accounts, [an identified person’s email address] and [an identified person’s email address] from 12:00:01 am on February 21, 2023 through 11:59:59 PM on March 22, 2023.” In a May 26, 2023 response, the Town indicated, “[a] search of records in the custody and control of the Town has returned responsive documents which are attached to this email. Certain redactions were made to the documents, pursuant to [E]xemption (n), for records which relate to cyber security and security of the technical infrastructure of the Town, the disclosure of which, in the reasonable judgment of the records’ custodian, is likely to jeopardize public safety or cyber security. M.G.L. c. 4, [§] 7(26)(n).” On May 26th, after receiving the Town’s response, Mr. DePrizio petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his May 30th petition to the Supervisor, Mr. DePrizio asserts, “I received a response with attachments but the data in the attachment is blurry and unreadable.” Subsequent to the opening of this appeal, the Town’s Legal Counsel provided Mr. DePrizio with a June 7, 2023 supplemental response, including the requested records with more visibility and readable manner. Conclusion Accordingly, where the Town has provided Mr. DePrizio with a June 7, 2023 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

Maura O’Keefe, Esq. SPR23/1128 Page 2 June 9, 2023 supplemental response, I will consider this administrative appeal closed. Mr. DePrizio may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Anthony DePrizio