Fried, Susan v. Brookline, Town of (SPR 20260703)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 3, 2026 SPR26/0703 Ben Kaufman Records Access Officer Town of Brookline 333 Washington Street, Room 104 Brookline, MA 02445 Dear Mr. Kaufman: I have received the petition of Susan B. Fried appealing the nonresponse 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 February 2, 2026, Ms. Fried requested “copies of all public records related to the Town of Brookline’s actions concerning the award and exercise of the Right of First Refusal (ROFR) involving Victory Programs and the property located at [an identified address][.]” Specifically, Ms. Fried sought the following records: [1] A copy of the Purchase and Sale Agreement between Price Center and Victory Programs[;] [2] A copy of the Offer dated April 18, 2025 [;] [3] A copy of the Notice of Exercise of Assignment of the Right of First Refusal by Victory Programs[;] [4] Documentation evidencing that closing occurred within 180 days or by the date specified in the signed Assignment agreement (noting the draft attached to the 8/19/25 Select Board agenda left this date blank)[;] [5] Any advertisement, notice, or publication of the Request for Information (RFI) related to this transaction[;] [6] All agendas, minutes, memoranda, emails, and correspondence to or from the ad hoc committee that reviewed or vetted RFI submissions[;] [7] The criteria and scoring methodology applied to evaluate RFI submissions[;] [8] The written “uniqueness determination” related to [an identified address][;] [9] Proof of publication in the Central Register[;] [10] A copy of the Disclosure of Beneficial Interest filed with DCAMM related to this transaction[;] [11] Communications to and from The Brookline Procurement Officer in 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

Ben Kaufman SPR26/00703 Page 2 March 3, 2026 connection with this transaction[;] Claiming to not yet have received a response, Ms. Fried petitioned this office and this appeal, SPR26/0703, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Town has provided a response. Accordingly, the Town is ordered to provide Ms. Fried with a response to her 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. Ms. Fried 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: Susan B. Fried