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Andrew Quemere v. Beverly, City of - (SPR 20231658)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 07-19-2023

ClosedAppealPetitioner Won

SPR 20231658 is a Massachusetts Public Records Law appeal filed by Andrew Quemere concerning records held by Beverly, City of -, opened 07-19-2023. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20231658
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Andrew Quemere
Custodian
Beverly, City of -
Date Opened
07-19-2023
Date Closed
08-02-2023

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 2, 2023 SPR23/1658 Peter O’Connor Fire Chief Beverly Fire Department 15 Hale Street Beverly, MA 01915 Dear Chief O’Connor: I have received the petition of Andrew Quemere appealing the response of the Beverly Fire Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 28, 2023, Mr. Quemere requested the following: All reports, letters, memoranda, photographs, videos, and other records created, received, or maintained by the Beverly Fire Department that relate to the Elliott Chambers rooming house fire, which occurred on July 4, 1984. Previous Appeal This request was the subject of a previous appeal. See SPR23/1238 Determination of the Supervisor of Records (June 23, 2023). In my June 23rd determination, I ordered the Department to provide an estimated date as to when it intended to provide records, or to provide records on a rolling basis. Subsequently, the Department responded on July 10, 2023, providing 281 pages of responsive records, and citing Exemptions (a) and (c) of the Public Records Law, along with the attorney-client privilege, for redacting the records. See G. L. c. 4, § 7(26)(a), (c). Unsatisfied with the Department’s response, Mr. Quemere appealed, and this case was opened as a result. Conclusion Subsequent to the opening of this appeal, based on a telephone conversation between this office and an attorney for the Department on July 25, 2023, I understand that the Department intends to provide a supplemental response to Mr. Quemere. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its regulations within ten business days. It is preferable to send an electronic copy of the response to this office at 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

Peter O’Connor SPR23/1658 Page 2 August 2, 2023 pre@sec.state.ma.us. If issues remain unresolved, Mr. Quemere may appeal the substantive nature of the Department’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Andrew Quemere Beth Oldmixon, Esq.