Peter Herridge v. Truro, Town of (SPR 20240802)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 28, 2024 SPR24/0802 Noelle Scoullar Records Access Officer Town of Truro 24 Town Hall Road Truro, MA 02666 Dear Ms. Scoullar: I have received the petition of Peter Herridge appealing the response of the Town of Truro (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 22, 2024, Mr. Herridge requested: copies of public records specified below relating to the job description and employment terms of . . . with a specific request that you request to the proper offices, most likely including but not limited to the Town Manager and staff, the Select Board (Chairperson or others), and the Town Clerk and staff. . . . To detail my request, please provide the following, including but not limited to: [1] The current job description for . . . as approved by the Select Board or others; [2] The job description for . . . when she became a full-time employee of the [Town] and was no longer working in association with KP Law; [3] Any other job descriptions for . . . that were proposed or accepted by . . . or the [Town]; [4] Any employment agreements, contracts or MoU issued to . . . by the [Town]; [5] All documents relating to . . . salary and benefits paid or due to her by the [Town]from the time of her first employment to the upcoming fiscal year’s budget including any changes in her salary or benefits (including bonuses and or overtime) that resulted from any expansion in her job responsibilities or description; [6] All documents relating to . . . proposed and actual employment by the [Town], including why and how the roles of Town Planner and Land Use Counsel are differentiated; and any justification for, consideration of and approval or rejection of changes in her job description and salary or benefits (including bonuses and or 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

Noelle Scoullar SPR24/0802 Page 2 March 28, 2024 overtime); [7] Any guidelines or procedures for or communications about how to differentiate between Town Counsel’s and . . . roles and any system for determination of what is reviewed by each; and how and by whom such determinations are made; [8] Any documents regarding what aspects of . . . documents are subject to attorney client privilege and, if claims of said privilege are made for any documents, the Town’s definition as to who is the client and to whom such privilege extends[; and,] [9] Any documents regarding guidelines to ensure that . . . official roles in Wellfleet and Truro do not result in a conflict for the [Town]. These should include any documents discussing whether such conflicts could arise; and any inquiries regarding a possible conflict or permission she requested before she sought elected office in Wellfleet; and any outline of what matters may subject her to recusal from votes or discussions in either Town on matters that involve both. On February 22, 2024, the Town provided an initial response, stating, “[t]his is a confirmation for the following [r]ecords [r]equest … In accordance with the Public Records Law, the Town has 10 business days to respond to this request putting your estimated date of record production at February 27, 2024.” In emails on March 4, 2024 and March 11, 2024 to the Town, Mr. Herridge sought a date when he would receive the records. After not receiving any responsive records, Mr. Herridge petitioned this office and this appeal, SPR24/0802, was opened. Subsequently, I learned that the Town provided Mr. Herridge with a response on March 18, 2024, which included responsive records. Where this appeal was opened as a result of the Town’s February 22nd response, I will now consider this administrative appeal closed. Mr. Herridge may appeal the substantive nature of the Town’s March 18th response within ninety (90) calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Peter Herridge