Peter Jasper v. Worcester, City of (SPR 20213145)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 7, 2021 SPR21/3145 Janice E. Thompson, Esq. Assistant City Solicitor City of Worcester Law Department 455 Main Street, Room 301 Worcester, MA 01608 Dear Attorney Thompson: I have received the petition of Peter Jasper appealing the response of the City of Worcester (City) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In a September 5, 2021 letter, Mr. Jasper requested records relating to an identified case. Previous appeal This request was the subject of a previous appeal. See SPR21/2484 Determination of the Supervisor of Records (October 12, 2021); SPR21/2751 Determination of the Supervisor of Records (November 2, 2021). The City provided a response on November 19, 2021. Unsatisfied with the City’s response, Mr. Jasper petitioned this office and this appeal, SPR21/3145, 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. In a December 7, 2021 supplemental response, the City provided information indicating litigation relating to these records is active and ongoing in the Supreme Judicial Court for the Commonwealth. See Docket No. SJC-12569. 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

Janice E. Thompson, Esq. SPR21/3145 Page 2 December 7, 2021 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Peter M. Jasper Michael Vigneux