Gerard F. Mackin, Jr. v. Weymouth, Town of - Public Schools (SPR 20212460)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 8, 2021 SPR21/2460 Joseph Callanan, Esq. Town Solicitor Town of Weymouth 75 Middle Street Weymouth, MA 02189 Dear Attorney Callanan: I have received the petition of Gerard Mackin appealing the response of the Town of Weymouth (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 25, 2021, Mr. Mackin requested copies of executive session minutes. The Town provided a response on September 24, 2021. Unsatisfied with the Town’s response, Mr. Mackin petitioned this office and this appeal, SPR21/2460, 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 the subject of Mr. Mackin’s request is still active and ongoing in Norfolk Superior Court. See Mackin, Kevin vs. Town of Weymouth et al . (Docket No. 2082CV00943). 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

Joseph Callanan, Esq. SPR21/2560 Page 2 October 8, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Gerard Mackin