Amy Friedman v. Malden, City of (SPR 20211818)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 3, 2021 SPR21/1818 Greg Lucey City Clerk City of Malden 110 Pleasant Street, First Floor Malden, MA 02148 Dear Mr. Lucey: I have received the petition of Bruce Friedman appealing the response of the City of Malden (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 25, 201, Mr. Friedman requested: “any emails between any members of the City Council where the recipients (to, carbon copy, and/or blind carbon copy) of the email would create a quorum from January 2020 through the date you answer this request. These emails are to be provided in the electronic form which they are regularly maintained and must include all email metadata.” Previous appeal This request was the subject of a previous appeal. See SPR21/0649 Determination of the Supervisor of Records (March 31, 2021). The City provided a July 22, 2021 production of records responsive to Mr. Friedman’s February 25th response. Unsatisfied with City’s July 22nd production of records, Mr. Friedman petitioned this office and the current appeal, SPR21/1818, was opened as a result. Pending 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: 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

Greg Lucey SPR21/1818 Page 2 August 3, 2021 The public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office was informed that a complaint was filed in Middlesex Superior Court on July 22, 2021. See Malden Public Schools v. Rebecca S. Murray, Supervisor of Records of the Public Records Division of the office of William Francis Galvin, Secretary of the Commonwealth and William Francis Galvin, Secretary of the Commonwealth and Bruce Friedman, (Docket No. # 2181CV01458). In light of the complaint filed on July 22nd, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Bruce Friedman