Amy Friedman v. Malden City Clerk's Office (SPR 20211886)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 4, 2021 SPR21/1886 Greg Lucey City Clerk City of Malden 215 Pleasant Street, First Floor Malden, MA 02148 Dear Mr. Lucey: On July 29, 2021, this office received your petition on behalf of the City of Malden (City) seeking relief from its obligation to produce responsive records. G. L. c. 66, § 10(c). As required by law, the City furnished a copy of their petition to the requestor, Bruce Friedman. G. L. c. 66, § 10(d)(iv). On March 24, 2021, Mr. Friedman requested certain emails regarding the “Open Meeting Law and/or Open Meeting Law complaints.” 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: 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). 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 SPR21/1886 Page 2 August 4, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Bruce Friedman Kathryn M. Fallon, Esq. Karen Anderson