Clem Fisher v. Bridgewater, Town of (SPR 20170299)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 17, 2017 SPR17/299 Mark C. Gildea, Esq. Town of Bridgewater - Legal Counsel c/o Clark, Balboni & Gildea 72 Main Street Bridgewater, MA 02324 Dear Attorney Gildea: I have received the petition of Clem Fisher appealing the response of the Town of Bridgewater (Town) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Fisher requested a copy of all emails, electronic records generated, received or maintained electronically between the Town Library Director, Sean Daley and the Town Manager, Michael Dutton pertaining to the "No Trespass Order" issued to an identified individual. Response by Records Access Officer (RAO) On March 6, 2017, the Town's RAO Kimberly Williams provided all responsive records. However, Ms. Williams informed Mr. Fisher, "[P]lease note that some portions of the records, may be confidential, legally privileged and/or exempt from disclosure pursuant to Massachusetts Law and have been redacted." Mr. Fisher appealed the redacted portions of the records. To assist the Town in responding to requests for public records in the future, please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Public Records Division attorneys are available during regular business hours to answer general questions regarding the Public Records Law. In addition, Public Records Division staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Status of the requester and Appeal to the Supervisor In his petition, Mr. Fisher states that the records are necessary to assist a family member in support of a complaint to the Massachusetts Commission Against Discrimination (MCAD). The Public Records Law does not distinguish between individuals seeking public records. Mr. Fisher should be advised that his status as a family member of the subject of the records offers 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

Mark C. Gildea, Esq. SPR17/299 Page 2 March 17, 2017 him no greater right of access than any other person in the public realm. See G. L. c. 66, § IO(a) (2017 ed) (public records are to be provided to "any person"); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Access to a record pursuant to the Public Records Law rests on the content of the record, regardless of the circumstances of the requester. By email on March 14, you notified a Public Records Division attorney that Mr. Fisher has already filed the complaint with MCAD and is represented by his own Legal Counsel. It is my understanding that you informed Mr. Fisher's attorney that the Town will provide all relevant records to Mr. Fisher through his attorney. Mr. Fisher should be advised that the appeal process under the Public Records Law shall not apply to records in which an individual, or a representative of the individual, has a unique right of access to the records through statutory, regulatory, judicial or other applicable means. See 950 C.M.R. 32.08(1)(a) (2017 ed.). Whereas the records are directly related to Mr. Fisher's complaint to MCAD and that is represented by Legal Counsel on that matter, he has a unique right of access through the administrative process at MCAD and the judicial process. Accordingly, whereas Mr. Fisher has a unique right of access through the discovery process at MCAD and the judicial process, I decline to continue any further review of his petition. Sincerely, Rebecca S. Murray Supervisor of Records cc: Clem Fisher, Kimberly Williams