John W. Steinmetz, Esq. v. Cohasset, Town of - Town Manager (SPR 20160687)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 16, 2016 SPR16/687 Mr. Louis M. Ross, Esq. Deutsch Williams One Design Center Place Suite 600 Boston, MA 0221 0 Dear Attorney Ross: This office has received the appeal of Attorney John W. Steinmetz related to a request for records from your client, the Town of Cohasset (Town). Specifically, Attorney Steinmetz seeks records related to a March 10, 2016 Stipulation and Order of the Massachusetts Superior Court. John W. Steinmetz and Jane C. Steinmetz v. The Town of Cohasset, Deutsch Williams Brooks DeRensis & Holland, P.C. (Deutsch Williams), John Richard Hucksam, Jr., Jonathan Creighton, Patrice Vogelman, Justin Pimpare, and Alex Koines, (C.A. NO. 1582CV01321, Norfolk County). Previous appeal-SPR16/041 In the previous appeal, I ordered the Town to provide a more detailed response regarding the communications that were being withheld pursuant to the attorney client privilege. See SPR16/014 Supervisor of Records Determination (February 18, 2016). In compliance with my administrative order, on March 4, 2016, the Town through its Legal Counsel provided Attorney Steinmetz and this office with a response and privilege log specifying each of the documents withheld from disclosure under the attorney client privilege and in accordance with the directives setout by the Supreme Judicial Court. See Suffolk Constr. Co., Inc. v. Div. of Capital Asset Management, 449 Mass. 444 (2008). Current appeal OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Louis M. Ross, Esq. SPR16/687 Page2 September 16, 2016 The basis of Attorney Steinmetz's petition to this office is Deutsch Williams' July 15, 2016letter provided in response to my February 18 order. Attorney Steinmetz states that Deutsch Williams failed to comply with a Stipulation and Order signed by Judge Kelley Brown. In the Stipulation and Order, a copy of which was made available to this office by Deutsch Williams, Judge Brown explains that Attorney Steinmetz and the Town "agree to a limited waiver of the attorney-client privilege relating only to the conflicts of interest advice that Attorney John Richard Hucksam, Jr. provided to Jonathan Creighton in the James Island Matter." The personal status of a requester does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. · ChiefofPolice ofLexington, 371 Mass. 59,64 (1976). Accordingly, any arrangement determined by the Stipulation and Order regarding limited access to records otherwise deemed nonpublic will have no basis as to the public nature of any responsive records. Conclusions I find the Town complied with my February 18, 2016 order in providing a written response to Attorney Steinmetz's request. If Attorney Steinmetz wishes to file a new request for public records to the Town, he is welcome to do so. Should he object to any response he may appeal to this office within ninety (90) days. See 950 C.M.R. 32.08(2). I will otherwise consider this administrative appeal closed. If Attorney Steinmetz is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § lO(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). cc: Mr. John W. Steinmetz, Esq.