Christopher Maffucci, Esq. v. Somerville, City of - City Solicitor (SPR 20160964)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor of Records November 10,2016 SPR16/964 Shannon T. Phillips, Esq. City of Somerville - Law Department Somerville City Hall 95 Highland A venue Somerville, MA 02143 Dear Attorney Phillips: I have received the petition of Christopher Maffucci, Esq. of Casner & Edwards, LLP appealing the October 18,2016 response of the City of Somerville (City) to an October 6, 2016 request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Maffucci requested a copy of three categories of records. The City's Response The City denied Attorney Maffucci's requests pursuant to Exemption (c) of the Public Records Law, further stating that the documents that are the subject of active litigation in the United States District Court for the District of Massachusetts, and protected under a Federal Court Order denying the requester access to the same records. See Mondol, et al. v. The City of Somerville, et al., C.A. No. 1:15-cv-13697-ADB. In a telephone conversation with a member of my legal staff and a November 1, 2016 letter indicating that the records requested under the Public Records Law are the same records that Attorney Maffucci sought in a recent Motion to Compel further discovery in the active and on-going litigation in US District Court. The City cites Commonwealth v. Fremont Inv. & Loan as controlling in this matter. The Supreme Judicial Court ruled in Freemont that documents governed by a court-issued protective order were not subject to disclosure under the public records law. Commonwealth v. Fremont Inv. & Loan, 459 Mass. 209,211-216 (2011). The City provided correspondence to this office related to its application for such a protective order. Accordingly, whereas the requested records are the same records that apply to the protective order of the US District Court in the active litigation, I decline to review this matter at this time. 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

Shannon T. Phillips, Esq. SPR16/964 Page Two November 10, 2016 If Attorney Maffucci 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, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). cc: Christopher Maffucci, Esq.