Margot L. Besnard v. WILLIAMSTOWN TOWN MANAGER (SPR 20201810)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 8, 2020 SPR20/1810 Michele E. Randazzo, Esq. KP Law, P.C. 101 Arch Street Boston, MA 02110 Dear Attorney Randazzo: I have received the petition of Margot Besnard appealing the response of the Town of Williamstown (Town) pertaining to a public records request to the Williamstown Police Department (Department). G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Besnard requested: all records that arose from the 2011 incident involving accusations of indecent assault and battery of a female resident. In a September 17, 2020 response, on behalf of the Town as its Legal Counsel, you informed Ms. Besnard that her request is denied in its entirety under Exemption (d) of the Public Records Law due to active litigation. As a result, Ms. Besnard petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her petition, Ms. Besnard indicates that the investigation was completed more than nine years ago, in 2011. She questions why the records cannot be redacted and disclosed. Active litigation In her response on behalf of the Town, Attorney Randazzo asserts, “[t]his request follows recent media reports of a court complaint filed against the Town by [an identified police officer], which court complaint references the incident. Any responsive records that discuss this incident case fall squarely within Exemption (d), as they relate to active litigation and inform the Town’s litigation strategy and related policy positions in response to the litigation.” The active litigation is entitled, McGowan v. Town of Williamstown, et al, Docket No. 3:20-cv-30131 (US District Ct. (Dist. of MA)). 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 the Supervisor: 1. the public records in question are the subjects of disputes in 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

Michele E. Randazzo, Esq. SPR20/1810 Page 2 October 8, 2020 active litigation, administrative hearings or mediation. In light of the active litigation, it is determination that the requested records at issue in this appeal are the subject of dispute in active litigation. Accordingly, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b)(1). Conclusion Accordingly, I will now consider this administrative appeal closed. If Ms. Besnard 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, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Margot L. Besnard Jason Hoch, Town Manager