Any "Disclosure of Appearance of Conflict of Interest” form(s) submitted by Nancy Civetta, newly hired Wellfleet Shellfish Constable, as required by G.L. c. 268A, § 23(b)(3) in relation to Wellfleet SPAT, Shellfish Promoting and Tasting, Inc.

Jude Ahern filed this request with the Wellfleet Town Clerk of Wellfleet, MA.
Submitted Nov. 8, 2017
Status
Completed

Communications

From: Jude Ahern

Subject: Public Records Law Request: Any "Disclosure of Appearance of Conflict of Interest” form(s) submitted by Nancy Civetta, newly hired Wellfleet Shellfish Constable, as required by G.L. c. 268A, § 23(b)(3) in relation to Wellfleet SPAT, Shellfish Promoting a

Mail

To Mr. Joseph Powers, Wellfleet Records Access Officer (RAO):

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

Any "Disclosure of Appearance of Conflict of Interest” form(s) submitted by Nancy Civetta, newly hired Wellfleet Shellfish Constable, as required by G.L. c. 268A, § 23(b)(3).

To help determine responsive records, I believe that these forms would have been required in relation to her activities with the 501(c)(3) non-profit, Wellfleet SPAT, Shellfish Promoting and Tasting, Inc., in general but specifically as Judge during their annual Oysterfest Shuckoff held October 14-15, 2017. I reminded the Board of Selectmen, her Appointing Body, of the need for this prior to the event since she was a Member of the Board of Wellfleet SPAT, Shellfish Promoting and Tasting, Inc. when she was hired as Wellfleet Shellfish Constable. It is also unclear whether she was getting paid to work for the Town of Wellfleet that weekend or took vacation days to volunteer for Wellfleet SPAT, Shellfish Promoting and Tasting, Inc.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically by e-mail attachment.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Jude Ahern

From: Wellfleet Town Clerk

Subject: None

Mail (Postmarked Dec. 6, 2017)

A copy of documents responsive to the request.

From: Muckrock Staff

Subject: RE: Public Records Law Request: Any "Disclosure of Appearance of Conflict of Interest” form(s) submitted by Nancy Civetta,

Email

Hello,
While I appreciate the documents you've released thus far, it appears that you've either misinterpreted this request, or neglected to include some of the documents requested.
Please release, as requested in the original request, any conflict of interest/appearance of conflict of interest disclosure forms regarding Nancy Civetta's participation at SPAT Oysterfest, which was held Oct. 14-15, 2017. Pursuant to MG.L. c. 268A, § 23(b)(3). Ms. Civetta was required to submit this paperwork prior to her participation in the festival, due to her status as a board member of Wellfleet SPAT, Shellfish Promoting and Tasting, Inc.
Please let me know if you need further clarification regarding this request. Thank you.

From: Jude Ahern

Subject: RE: Massachusetts Public Records Law Request: Any "Disclosure of Appearance of Conflict of Interest” form(s) submitted by Nancy Civetta, newly hired Wellfleet Shellfish Constable, as required by G.L. c. 268A, § 23(b)(3) in relation to Wellfleet SPAT, She

Email

Dear Mr. Powers,

I made a formal public records request to see the 23 (b) (3) form from Wellfleet Shellfish Constable Nancy Civetta regarding her relationship with SPAT (and thus all of its Board members) on November 8, 2017, on December 14, 2017 and finally on January 18, 2018. Instead, on December 6, 2017, you sent a 23 (b) (3) form for Civetta's relationship with her brother-in-law who owns Hatch's which was never an issue. I am submitting this request again with the hope that in the meantime the BOS, her appointing authority, has required this of her and therefore it is in your custody as RAO at the time of THIS request.

You never cited the EXCEPTION for your denial as required in MA General Law Chapter 66: Section 10 (b) (iv): identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based, provided that nothing in the written response shall limit an agency's or municipality's ability to redact or withhold information in accordance with state or federal law;

Please do, or I look forward to seeing it finally. I do not understand why a simple, benign request that would maintain Public trust is so difficult to procure from the Town of Wellfleet.

Thank you,
Jude Ahern

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