Paul C. Nordberg v. Department of Youth Services (SPR 20213317)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 27, 2021 SPR21/3317 Cecely A. Reardon, Esq. General Counsel Massachusetts Department of Youth Services 600 Washington Street, 4th Floor Boston, MA 02111 Dear Attorney Reardon: I have received the petition of Paul C. Nordberg appealing the response of the Department of Youth Services (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 20 & 29, 2021, Mr. Nordberg requested budget, line item, and salary records. The Department provided a response on December 14, 2021. Unsatisfied with the Department’s response, Mr. Nordberg petitioned this office and this appeal, SPR21/3317, 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. Nordberg’s request is still active and ongoing in Worcester Superior Court. See Paul C. Nordberg as Relator vs. Peter Forbes Commissioner of The Department of Youth Services et al. (Docket No. 2185CV00846). 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

Cecely A. Reardon, Esq. SPR21/3317 Page 2 December 27, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Paul C. Nordberg Ramona Krogman, RAO