Gerard F. Mackin, Jr. v. Weymouth, Town of - Legal Department (SPR 20190187)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 4, 2019 SPR19/0187 Marsha Conley Paralegal Town of Weymouth - Legal Department 75 Middle Street Weymouth, MA 02189 Dear Ms. Conley: I have received the petitions of Attorney Gerard F. Mackin, Jr. appealing the nonresponse of the Town of Weymouth (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney Mackin submitted a request to the Town concerning records between the Mayor and the Town's police department since 11-1-18. Having not received a response to this request, Attorney Mackin petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days ofreceipt of the request. G. L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 1O (b ). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Pending litigation 950 C.M.R. 32.06(1)(g) provides in pertinent part: a request for records in which an individual, or representative of the individual has a unique right of access by statutory, regulatory, judicial or other applicable means, shall not be considered a request for public records 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of 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

Marsha Conley SPR19-0187 Page 2 February 4, 2019 the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. Attorney Mackin informed this office that he filed a complaint in Norfolk Superior Court on December 18, 2018. See Gerald F. Mackin, Jr. v. Kathleen Deree, Docket No. 18-1611. In this complaint, Attorney Mackin references requests that he submitted to the Town under the Public Records Law and asserts, in part, that "Plaintiff files this action pursuant to section 1O A of F.O.I.A to compel the R.A.O. to fulfill her statutory duty and comply with Plaintiffs requests for records as submitted to the R.A.O." In a December 181 h email Attorney Mackin noted "[i]t is my intention to send out notices of deposition to those members of the School Committee and Administration who I believe can provide responsive documents." In light of the complaint filed on December 13th that seeks compliance with the Public Records Law through litigation, it is my determination that the records at issue in these appeals are the subject of a dispute in active litigation. Accordingly, I decline to opine on these matters at this time. See 950 C.M.R. 32.08(2)(b). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Gerard F. Mackin, Jr., Esq.