Lee Biernbaum v. Brookline, Town of - Town Clerk (SPR 20241011)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 8, 2024 SPR24/1011 Ben Kaufman Town Clerk Town of Brookline 333 Washington Street, Room 104 Brookline, MA 02445 Dear Mr. Kaufman: I have received the petition of Lee Biernbaum appealing the non-response 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 March 18, 2024, Lee Biernbaum requested, “any and all documentation or communication from 10/14/2022 to 11/14/2023 (inclusive) to or from the Moderator, Assistant Moderator(s), and any Town staff supporting the Moderator or Assistant Moderator(s) containing the following [identified] terms individually or in combination….” Claiming to not yet have received responsive records, Lee Biernbaum petitioned this office and this appeal, SPR24/1011, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Town is ordered to provide Lee Biernbaum with a 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. Lee Biernbaum may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Lee Biernbaum 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