Joan F. Blake v. Berkley, Town of - Town Clerk (SPR 20242310)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 28, 2024 SPR24/2310 Heather J. Almy Town Clerk Records Access Officer Town of Berkley One North Main Street Berkley, MA 02370 Dear Ms. Almy: I have received the petition of Joan Blake appealing the response of the Town of Berkley (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 31, 2023, Ms. Blake requested a “[c]opy of a report generated by Town Counsel including summaries of interviews with two elected officials having a dispute, which I am named.” Prior Appeals and In camera review The requested records were the subject of prior appeals and an in camera review. See SPR23/2935 Determination of the Supervisor of Records (December 19, 2023) and SPR24/1006 Determinations of the Supervisor of Records (April 17, 2024 and May 8, 2024). In my May 8th determination, I found that although portions of the record may fall under Exemption (c) of the Public Records Law, the Town did not meet its burden to withhold the record, in its entirety, under Exmeption (c). The Town responded on May 30, 2024. Unsatisfied with the response, Ms. Blake petitioned this office and this appeal, SPR24/2310, was opened as a result. It is my understanding that the Town intends on providing a further response to Ms. Blake. Accordingly, the Town is ordered to provide Ms. Blake with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Blake may appeal the substantive nature of the Town’s response within ninety days. See 950 C.M.R. 32.08(1). 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

Heather J. Almy SPR24/2310 Page 2 August 28, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Joan Blake