Kimberly S. Courtney v. Cambridge, City of - Office of the City Clerk (SPR 20211471)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 24, 2021 SPR21/1471 Seah Levy City of Cambridge Office of the City Solicitor 795 Massachusetts Avenue, Room #320 Cambridge, MA 02139 Dear Ms. Levy: I have received the petition of Kimberly S. Courtney, Esq. appealing the response of the City of Cambridge (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 28, 2021, Attorney Courtney requested “all public records of the Cambridge Board of License Commissioners (as a public body), regarding meetings and/or decisions made as to the case below, including minutes, transcripts and/or recordings of meetings.” The City provided a response on May 12, 2021. Unsatisfied with the City’s response, Attorney Courtney petitioned this office and this appeal, SPR21/1471, was opened as a result. Active Litigation 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 subject of Attorney Courtney request, is still active and ongoing in Suffolk Superior Court. See Linnane, Jaqueline A et al vs. City of Cambridge et al. (Docket No. 1884CV02096). 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. 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

Seah Levy SPR21/1471 Page 2 June 24, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Kimberly S. Courtney, Esq. Megan B. Bayer, Esq.