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Nicholas P. Brown v. Norwood, Town of - Town Clerk (SPR 20232363)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 10-05-2023

ClosedAppealPetitioner Won

SPR 20232363 is a Massachusetts Public Records Law appeal filed by Nicholas P. Brown concerning records held by Norwood, Town of - Town Clerk, opened 10-05-2023. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20232363
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Nicholas P. Brown
Custodian
Norwood, Town of - Town Clerk
Date Opened
10-05-2023
Date Closed
10-19-2023

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 October 19, 2023 SPR23/2362; SPR23/2363 Patricia Ralph Assistant Town Clerk Town of Norwood 566 Washington Street, Room 27 Norwood, MA 02062 Dear Ms. Ralph: I have received the petition of Nicholas P. Brown, Esq., of Pierce Atwood LLP, appealing the nonresponse of the Town of Norwood (Town) to two requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 12, 2023, Attorney Brown, in two separate requests, requested the following records pertaining to two identified locations from December 1, 2019 to the present: SPR23/2362 [1.] All communications, including, without limitation, emails, text messages, social media messages, of the Norwood Building Department relating to [an identified location] in Norwood ... (hereafter the Norwood Commerce Center). [2.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Fire Department relating to the Norwood Commerce Center. [3.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Police Department relating to the Norwood Commerce Center. [4.] All documents, records, and emails and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Zoning Board of Appeals relating to the Norwood Commerce Center. 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

Patricia Ralph SPR23/2362; SPR23/2363 Page 2 October 19, 2023 [5.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Planning Board relating to the Norwood Commerce Center. [6.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Municipal Light Department relating to the Norwood Commerce Center. [7.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Board of Selectmen relating to the Norwood Commerce Center. SPR23/2363 [1.] All communications, including, without limitation, emails, text messages, social media messages, of the Norwood Building Department relating to [a second identified location] (hereafter the Norwood Space Center). [2.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Fire Department relating to the Norwood Space Center. [3.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Police Department relating to the Norwood Space Center. [4.] All documents, records, and emails and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Zoning Board of Appeals relating to the Norwood Space Center. [5.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Planning Board relating to the Norwood Space Center. [6.] All documents, records, and communications, including, without limitation, emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Municipal Light Department relating to the Norwood Space Center. [7.] All documents, records, and communications, including, without limitation,

Patricia Ralph SPR23/2362; SPR23/2363 Page 3 October 19, 2023 emails, text messages, social media messages, meeting minutes, and meeting agendas, of the Norwood Board of Selectmen relating to the Norwood Space Center. Claiming to not yet have received responses, Attorney Brown petitioned this office and these appeals, SPR23/2362 and SPR23/2363 were opened as a result. After being notified of the receipt of these appeals, the Town stated on October 5, 2023, “… I have searched the logs and don’t have a request from your office on file. Can you tell me where the request was emailed?” Conclusion Accordingly, where the Town is now in receipt of Attorney Brown’s requests, the Town must provide Attorney Brown with a response(s) to the requests, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response(s) must be provided to this office. It is preferable to send an electronic copy of the response(s) to this office at pre@sec.state.ma.us. Attorney Brown may appeal the substantive nature of the Town’s response(s) within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Nicholas P. Brown, Esq.