Alexandra R. Power v. Norwell, Town of Police Department (SPR 20213236)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 17, 2021 SPR21/3236 Marion Kaskiewicz Records Access Officer Norwell Police Department 300A Washington St. Norwell, MA 02061 Dear Ms. Kaskiewicz: I have received the petition of Alexandra R. Power, Esq. appealing the response of the Norwell Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 8, 2021, Ms. Jane Enos requested, “copies of any and all records, reports, body worn camera or dashboard camera footage related to the October 24, 2018 incident and its subsequent investigation” that occurred at an identified location. The Department provided a response on September 23, 2021. Unsatisfied with the Department’s response, Attorney Power petitioned this office and this appeal, SPR21/3236, 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 Attorney Power’s request is still active and ongoing in Plymouth Superior Court. See Levangie, Arthur vs. New England Authentic Eats LLC Doing Business as Papa Gino's et al . (Docket No. 2183CV00498). 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

Marion Kaskiewicz, RAO SPR21/3226 Page 2 December 17, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Alexandra R. Power, Esq. Amy M. Robinson, Esq. Jane Enos