William J. Morrissey v. Northborough, Town of - Town Clerk (SPR 20213177)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 9, 2021 SPR21/3177 Andrew T. Dowd Town Clerk Town of Northborough 63 Main Street Northborough, MA 01532 Dear Mr. Dowd: I have received the petition of William J. Morrissey, Esq. appealing the response of the Town of Northborough (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 15, 2021, David K. McCay, Esq. requested records regarding Isomedix Operations, Inc. d/b/a STERIS A.S.T. as well as an identified property. The Town provided a response on October 29, 2021. Unsatisfied with the Town’s response, Attorney Morrissey petitioned this office and this appeal, SPR21/3177, 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. The Town provided a response to this office on December 9, 2021 indicating litigation relating to these records is active and ongoing in Land Court. See Docket No. 21 MISC 000436. Conclusion In light of the active and ongoing litigation, I decline to opine on this matter at this time. 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

Andrew T. Dowd, RAO SPR21/3177 Page 2 December 9, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: William J. Morrissey, Esq. David K. McCay, Esq. David J. Doneski, Esq.