Henry J. Swiniarski v. Marshfield, Town of - Office of the Town Clerk (SPR 20210398)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 1, 2021 SPR21/0398 Narice Ann Casper II Town Clerk/Records Access Officer Town of Marshfield 870 Moraine Street Marshfield, MA 02050 Dear Ms. Casper: I have received the petition of Henry J. Swiniarski appealing the response of the Town of Marshfield (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 9, 2021, Mr. Swiniarski requested: all records regarding real property located at 1 Old Pilgrim Trail in the Town. In a February 12, 2021 response, the Town indicated that, “the [identified property owners’] are in litigation with the Town…regarding this property and the subject matter of your [request].” As a result of the denial, Mr. Swiniarski petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Active 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 the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the trial court’s docket and verified that the civil litigation, relating to the real property that is the subject of Mr. Swiniarski’s request, is still active and 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

Narise Ann Casper II, Town Clerk SPR21/0398 Page 2 March 1, 2021 ongoing in the Massachusetts Land Court. See Andrew Stewart Building Commissioner for Town of Marshfield v. McNelis, Jr., Brian J., et al. (Land Court Docket No. 20 MISC 000322). Conclusion In light of the active and ongoing litigation, I decline to opine on this matter. See 950 CMR 32.08(2)(b). Accordingly, this administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Henry J. Swiniarski