Margaret E. Sheehan, Esq. v. Carver, Town of - Town Clerk (SPR 20233091)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 4, 2024 SPR23/3091 Michelle Sheehan Town Clerk Town of Carver 108 Main Street Carver, MA 02330 Dear Ms. Sheehan: I have received the petition of Margaret E. Sheehan, Esq. appealing the nonresponse of the Town of Carver (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 17, 2023, Attorney Sheehan requested the following records for the period from October 1, 2022 to present: [1.] … all records referring to the waiver referred to in the February 14, 2023 letter from the ERC to Makepeace. [2.] The ‘the opinion of Town counsel’ referred to in the February 9, 2023 letter from Makepeace to the ERC, including but not limited to emails, correspondence and phone notes. [3.] The ‘consultation’ between and among the ‘Town Counsel’ and the Town Administrator as referred to in the February 14, 2023 Letter to [an identified individual], Town of Plymouth, from [an identified individual], including all emails, correspondence, and phone notes. [4.] All correspondence with Dig It Construction LLC, its employees, officers, agents regarding the ‘Long Beach Mixed Sediment Nourishment Project’. [5.] All records relating or referring to communications with Makepeace, Read Custom Soils, LLC, its employees, agents, or representatives regarding the waiver, including but not limited to [an identified individual]. [6.] All records relating or referring to communications with the Town of Plymouth regarding the Long Beach Renourishment Plan … 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

Michelle Sheehan SPR23/3091 Page 2 January 4, 2024 Claiming to not yet have received responsive records, Attorney Sheehan petitioned this office and this appeal, SPR23/3091, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Town has provided a response. Accordingly, the Town is ordered to provide Attorney Sheehan with a response to her request, 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 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. Attorney Sheehan 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: Margaret E. Sheehan, Esq.