Viglione, Joseph v. Office of the Attorney General - Non-Profit Organizations/Public Charities Division (SPR 20140701)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 18,2015 SPR14/701 Ms. Lorraine A.G. Tarrow, Esq. Assistant Attorney General Office of the Attorney General General Counsel's Office One Ashburton Place Boston, MA 021 08 Dear Attorney Tarrow: I have received a petition from Joseph Viglione appealing the response of the Office of the Attorney General (AGO) to his request for records pertaining to the dissolution of Medford Community Cablevision, Inc. (Cablevision). G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Viglione requested copies of four categories of records. In your August 2014 letter and November 12, 2014 email to Mr. Viglione, you cited Exemptions (d) and (f) as applicable to withhold any records concerning the dissolution process for Cablevision. You informed this office that any release of records regarding Cablevision that may be held by the Public Charity Division are being withheld due to an ongoing, active matter in the AGO. Exemption (d) Exemption (d) allows withholding ofthose records that are: inter-agency or intra-agency memoranda or letters relating to policy positions being developed by the agency; but this sub-clause shall not apply to reasonably completed factual studies or reports on which the development of such policy positions has been or may be based G. L. c. 4, § 7(26)(d) Exemption (d) is intended to avoid premature release of materials that could taint the deliberative process if disclosed. Therefore, its application is limited to recommendations on One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Lorraine A.G. Tarrow, Esq. SPR14/701 Page Two March 18,2015 legal and policy matters found within an ongoing deliberative process. Babets v. Secretary of the Executive Office ofHuman Services, 403 Mass. 230,237 n.8 (1988). Factual reports which are reasonably complete and inferences which can be drawn from factual investigations, even if labeled as opinions or conclusions, are not exempt as deliberative or policy making materials. G. L. c. 4, § 7(26)(d); see also Environmental Protection Agency v. Mink, 410 U.S. 73, 89 (1973) (Purely factual matters used in the development of government policy are always subject to disclosure.). The purpose of Exemption (d) is to protect any memoranda, letters or documents which if released would jeopardize the government's deliberative process concerning any matters or policy positions prior to rendering a decision. In a letter to Mr. Viglione dated March 17, 2015 you further clarified your justification to withhold responsive records pursuant to Exemption (d). In your letter you explain that the AGO's Non-profit organizations/Public Charities Division "continues to review the petition for dissolution" filed by Medford Community Cablevision. Whereas, the AGO has not completed its deliberative process, I find the AGO acted properly in withholding the records pursuant to Exemption (d) of the Public Records Law. Accordingly, a review of the AGO's Exemption (f) claim is not warranted. Accordingly, this administrative appeal is now closed. Supervisor of Records cc: Mr. Joseph Viglione