Bell, Daniel v. Great Barrington, Town of - Department of Public Works (SPR 20140448)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 26, 2014 SPR14/448 Mr. Daniel Bell 78 Egremont Plain Road Great Barrington, MA 0123 0 Dear Mr. Bell: This office has received your petition appealing the non-response ofthe Town of Great Barrington (Town) to your June 26,2014 request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, you seek copies of records related to a complaint filed by you against the Town. See Berkshire Superior Court Civil Docket Number BECV2013- 00216. In particular, the records requested are listed in a document entitled "Plaintiffs First Request for Production of Documents to Defendants." It is my understanding that the Town failed to respond to your public records request. The Town is reminded that a records custodian must respond to requests for records as soon as practicable, without unreasonable delay, and within ten (1 0) calendar days. See G. L. c. 66, § 10(a-b); 950 C.M.R. 32.05(2). While the Town failed to meet its burden, it is clear that the request you made is related specifically to a civil matter between you and the Town. A review of the docket associated with this matter indicates that a pre-trial conference is scheduled for late November 2014 related to this matter. The judicial discovery process and the Public Records Law are two distinct and independent avenues for gaining access to records. The Massachusetts Supreme Judicial Court has held that material exempt from disclosure under the Public Records Law may be available to certain parties through discovery. Commonwealth v. Wanis, 426 Mass. 639 (1998). The Supervisor of Records may decline to accept an appeal from a requester where the public records in question are the subjects of disputes in active litigation. See 950 C.M.R. 32.08(2). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Daniel Bell SPR14/448 Page Two August 26, 2014 Whereas the records you seek are directly related to an active civil matter I decline to opine on the status of such records and recommend that you file your request directly with the Superior Court. This administrative appeal is closed. Supervisor of Records cc: Ms. Jennifer Tabakin Mr. David Doneski, Esq.