Susanne Macarelli v. Nahant, Town of - Town Clerk (SPR 20242875)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 1, 2024 SPR24/2875 Dianne M. Dunfee Town Clerk’s Office Town of Nahant 334 Nahant Road Nahant, MA 01908 Dear Ms. Dunfee: I have received the petition of Susanne Macarelli appealing the response of the Town of Nahant (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 10, 2024, Ms. Macarelli requested the following for the period of October 24, 2023 through June 10, 2024: [1.] … all Nahant resident emails and corresponding responses that reference the “Housing Production Plan” received and sent by: Current and Former Nahant Board of Selectmen… [2.] … all Nahant resident emails and corresponding responses that reference the “Housing Production Plan” received and sent by: Housing Production Plan Sub- Committee Chair… [3.] … all emails that reference the “Housing Production Plan’ sent between Nahant Town Adminsitrator… and [named individuals]. On June 14, 2024, Ms. Macarelli made a revised request and stated, “[m]y FOIA request can be reduced, as the only outstanding portion of my FOIA that needs to be satisfied is: All emails that reference the ‘Housing Production Plan’ sent between Nahant Town administrator… and [named individuals] [d]uring the time period of October 24, 2023 through June 10, 2024.” Prior Appeal This request was the subject of a prior appeal. See SPR24/1876 Determination of the Supervisor of Records (July 12, 2024). In my July 12th determination, I found that the Town must provide additional information regarding the tasks involved in the search for the email records and clarify if it intends to assess a fee for segregation or redaction under exemptions other than the attorney-client privilege. 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

Diane M. Dunfee SPR24/2875 Page 2 November 1, 2024 On July 30, 2024, the Town responded, providing further details regarding its fee estimate. Unsatisfied with the Town’s response, Ms. Macarelli petitioned this office and this appeal, SPR24/2875, was opened as a result. It is my understanding that the Town intends on providing a further response to Ms. Macarelli to address her records request. Accordingly, the Town is ordered to provide Ms. Macarelli with said response 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. Ms. Macarelli may appeal the substantive nature of the Town’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Susanne Macarelli