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Martin Y. Benson v. Acton, Town of - Town Clerk (SPR 20241166)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 04-18-2024

ClosedAppealPetitioner Won

SPR 20241166 is a Massachusetts Public Records Law appeal filed by Martin Y. Benson concerning records held by Acton, Town of - Town Clerk, opened 04-18-2024. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20241166
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Martin Y. Benson
Custodian
Acton, Town of - Town Clerk
Date Opened
04-18-2024
Date Closed
05-02-2024

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 May 2, 2024 SPR24/1166 Leo Mercado Deputy Town Clerk Records Access Officer Town of Acton 472 Main Street Acton, MA 01720 Dear Mr. Mercado: I have received the petition of Martin Y. Benson appealing the response of the Town of Acton (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 20, 2022, Mr. Benson requested the following records: [1.] All emails sent or received between [identified individuals], from October 1, 2021 to the present…[;] [2.] All emails, to or from [a named individual], that relates in any way to the ten key words from June 1, 2020 to the present…[;] [3.] All emails, to or from [a named individual], that relates in any way to the five key words; from July 1, 2018 to present…[;] [4.] All police reports that relate to the investigation of Zoom bombing incidents which occurred at school committee meetings on December 17, 2020 and January 7, 2021 as well as the Select Board meeting on January 11, 2021. Previous Appeals This request was the subject of previous appeals. See SPR22/1137 Determination of the Supervisor of Records (May 26, 2022); SPR22/1534 Determination of the Supervisor of Records (July 20, 2022); SPR22/2329 Determination of the Supervisor of Records (October 31, 2022); SPR23/0175 Determination of the Supervisor of Records (February 10, 2023); SPR23/0655 Determination of the Supervisor of Records (April 12, 2023); SPR23/1499 Determination of the Supervisor of Records (July 13, 2023) and SPR23/2973 Determination of the Supervisor of Records (December 22, 2023). In my December 22nd determination, I ordered the Town to provide a further response to Mr. Benson. 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

Leo Mercado SPR24/1166 Page 2 May 2, 2024 Subsequent to the opening of this appeal, based on a telephone conversation between a senior attorney of the Public Records Division and an attorney for the Town on May 1, 2024, I understand that the Town intends to provide a supplemental response to Mr. Benson. Conclusion Accordingly, said response must be provided in a manner consistent with the Public Records Law and its Regulations within ten 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. If issues remain unresolved, Mr. Benson may appeal the substantive nature of the Town’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Martin Y. Benson Nina Pickering-Cook, Esq.