Martin Y. Benson v. Acton, Town of - Town Clerk (SPR 20232973)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 22, 2023 SPR23/2973 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); SPR23/0175 Determination of the Supervisor of Records (February 10, 2023); SPR23/0655 Determination of the Supervisor of Records (April 12, 2023) and SPR23/1499 Determination of the Supervisor of Records (July 13, 2023). In my July 13th determination, I directed the Town to clarify if it possessed any additional records responsive to Item 2. I also found it unclear how the Town could redact records responsive to Item 4, under Exemptions (c) and (f) of the Public Records Law. As a result, I ordered the Town to provide a further response. 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 SPR23/2973 Page 2 December 22, 2023 Subsequently, on September 11, 2023, the Town responded and provided a further explanation for the redactions made pursuant to Exemption (c) of the Public Records Law. The Town also provided a redacted transcript under Exemption (f) of the Public Records Law. Unsatisfied with the Town’s response regarding records withheld under the attorney-client privilege, Mr. Benson petitioned this office and this appeal, SPR23/2973, was opened as a result. It is my understanding that the Town intends on providing a further response to Mr. Benson. Accordingly, the Town is ordered to provide Mr. Benson 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 the 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