Laura H. Ortiz v. Dracut, Town of - Police Department (SPR 20212166)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 8, 2021 SPR21/2166 Kathleen M. Graham Town Clerk/Records Access Officer Town of Dracut 62 Arlington Street, Room 113 Dracut, MA 01826 Dear Ms. Graham: I have received the petition of Laura Ortiz and Justin George appealing the response of the Town of Dracut (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In February 2021, Ms. Ortiz and Mr. George requested four categories of records in the possession of the Town’s Police and Fire Departments. In April 2021, Ms. Ortiz and Mr. George were provided with records responsive to their February 2021 request. See SPR21/0523; SPR21/1605 and SPR21/1797 Determinations of the Supervisor of Records (Supervisor) (March 5, 2021; July 13, 2021 and August 6, 2021). In a July 20, 2021 petition to the Supervisor, Ms. Ortiz and Mr. George listed 14 categories of records that they seek that may be in the possession of other Town departments, and other Town officials. As I noted in my August 6th determination, a review of the February request and the Police Department’s response and production of records reveals that Ms. Ortiz and Mr. George only sent their request to the Police Department. See SPR21/1797 Determination of the Supervisor (August 6, 2021). Nevertheless, the Town’s Legal Counsel, James P. Hall, of Qua, Hall, Harvey & Walsh provided an August 20, 2021 response to further clarify these requests. This office was informed by Attorney Hall that Mr. George is engaged in active litigation against the Town and Town officials, and that the court has oversight over discovery. 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. 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

Kathleen M. Graham SPR21/2166 Page 2 September 8, 2021 This office has reviewed the federal court’s docket and verified that the civil litigation filed by Mr. George is still active and ongoing in the United States District Court, District of Massachusetts. See Justin George v. Town of Dracut, et al. (United States District Court, Dist. MA, Docket No. 1:19-cv-12291). Conclusion In light of the active and ongoing litigation, I decline to opine any further on the requests and this matter. See 950 C.M.R. 32.08(2)(b). Accordingly, this administrative appeal is closed. If Ms. Ortiz and Mr. George are not satisfied with the resolution of this administrative appeal, they are advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(A)(c). Sincerely, Rebecca S. Murray Supervisor of Records cc: Laura Ortiz Justin George James P. Hall, Esq., Qua, Hall, Harvey & Walsh