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Alexander Neary v. Brookline, Town of - Town Clerk (SPR 20233053)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 12-19-2023

ClosedAppealPetitioner Won

SPR 20233053 is a Massachusetts Public Records Law appeal filed by Alexander Neary concerning records held by Brookline, Town of - Town Clerk, opened 12-19-2023. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20233053
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Alexander Neary
Custodian
Brookline, Town of - Town Clerk
Date Opened
12-19-2023
Date Closed
01-03-2024

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 January 3, 2024 SPR23/3053 Ben Kaufman Town Clerk Town of Brookline 333 Washington Street First Floor, Room 104 Brookline, MA 02445 Dear Mr. Kaufman: I have received the petition of Alexander Neary appealing the nonresponse of the Town of Brookline (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 10, 2023, Mr. Neary requested the following records for the timeframe July 20, 2021 to present: [1.] All communications, including but not limited to email communications and text messages, sent or received by any staff person, employee, or town official regarding [an identified address][;] [2.] All communications, including but not limited to email communications and text messages, sent or received by any staff person, employee, or town official that include the keyword . . .[;] [3.] All communications, including but not limited to email communications and text messages, sent or received by any staff person, employee, or town official that include the keyword . . .[.] Claiming to not yet have received responsive records, Mr. Neary petitioned this office and this appeal, SPR23/3053, was opened as a result. Previous Petition This request was the subject of a previous petition. See SPR23/2545 Determination of the Supervisor of Records (October 31, 2023). Please refer to the Determination in SPR23/2545 for analysis of this matter. 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

Ben Kaufman SPR23/3053 Page 2 January 3, 2024 Conclusion Subsequently, I learned that the Town provided a response to Mr. Neary on October 24, 2023. Where this appeal was opened as a result of the Town’s lack of a response, I will now consider this administrative appeal closed. Mr. Neary 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: Alexander Neary Kerry Fleming, Esq. Joe Callanan, Esq.