Luke G. Liacos v. Duxbury, Town of - Town Clerk (SPR 20240244)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 9, 2024 SPR24/0244 Susan C. Kelley Records Access Officer Office of the Town Clerk Town of Duxbury 878 Tremont Street Duxbury, MA 02332 Dear Ms. Kelley: I have received the petition of Luke G. Liacos, Esq., of Feinberg, Campbell & Zack, P.C., on behalf of his client, Paul Vilela, of North Atlantic States Regional Council of Carpenters, appealing the response of the Town of Duxbury (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 5, 2023, Mr. Vilela requested the following records regarding a Town’s construction of a new DPW Facility: [1] A copy of the Complete CM/GC SOQs for the above referenced project qualified or not, [2] A copy of the SOQ Evaluation score cards for the CM/GC SOQs for the above referenced project. On December 14, 2023, the Town responded to Mr. Vilela with a link to the records, “[p]lease click here to download your response document(s).” Upon receipt of the link to the records, Mr. Vilela contacted the Town, stating, “I am receiving an error message that the file extension is invalid from the link download I received. I have tried to download it several times with the same result. Also, I requested the SOQs in my public records request. They don’t seem to be in the link sent to me. Thank you for your time in this matter.” After not receiving the requested records, Attorney Liacos petitioned this office and this appeal was opened. In an email correspondence to this office on February 8, 2024, the Town’s Legal Counsel, Attorney Michael D’Ortenzio, Jr., of KP Law indicated, “[w]e are reviewing the materials on behalf of the Town and expect to produce responsive records to the requestor tomorrow…” 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

Susan C. Kelley SPR24/0244 Page 2 February 9, 2024 Conclusion Accordingly, the Town is ordered to provide Attorney Liacos with said response to the 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. Sincerely, Manza Arthur Supervisor of Records cc: Luke G. Liacos, Esq.