G. Emil Ward, Esq. v. Waltham, City of - Law Department (SPR 20180186)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 26,2018 SPR181186 Luke Stanton, Esq. Assistant City Solicitor City of Waltham - Law Department 1 19 School Street Waltham, MA 0245 1 Dear Attorney Stanton: I have received the petition of G. Emil Ward, Esq. of Ward and Associates on behalf of his clients, Cogavin Associates, LLC and Edward Toland appealing the response of the City of Waltham Law Department (City) to a request for public records. G. L. c. 66, 3 IOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney Ward requested twenty-one itemized categories of records from the City and the City's Wires Department in connection with a fire that occurred on an identified street in the City of Waltham. The City's January 26,2018 response indicates that the records were the subject of a previous subpoena, and that the records were provided to Attorney Ward in connection with a civil lawsuit. The City further indicates that it appears that Attorney Ward has requested the In a telephone conversation with a Public Records Division attorney you explained that the civil litigation relating to the subject of the records is still ongoing in the Superior Court. Robinson Chester, et al. vs. Toland, Edward et al., (Superior Court Docket No. 1581CV02814). In light of this, I decline to opine on this matter. See 950 CMR 32.08(2)(b). Accordingly, this appeal is closed. Sincerely, ~ebeccaS . Murray Supervisor of Records cc: G. Emil Ward, Esq. 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