Casey G. Fleming v. Oxford, Town of - Town Clerk (SPR 20220267)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 4, 2022 SPR22/0267 Michelle A. Jenkins Town Clerk Town of Oxford 325 Main Street Oxford, MA 01540 Dear Ms. Jenkins: I have received the petition of Casey G. Fleming appealing the response of the Town of Oxford (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 19, 2021, the requestor sought “any records requests which were responded to by providing any town orders related to [an identified address], or the MGL 258 notice of claims related to” and identified address. Previous appeals This request was the subject of previous appeals. See SPR21/3242 Determination of the Supervisor of Records (December 21, 2021); SPR21/3444 Determination of the Supervisor of Records (January 6, 2022). The Town provided a response on January 14, 2021. Unsatisfied with the Town’s response, Mr. Fleming petitioned this office and this appeal, SPR22/0267, 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 the Town’s January 14th response provided to this office, it indicated litigation relating to these records is active and ongoing in Land Court. See Fleming, Casey v. Town of Oxford Zoning Board of Appeals. (Docket No. 21 MISC 000390). 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

Michelle A. Jenkins SPR22/0267 Page 2 February 4, 2022 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Casey G. Fleming Jennifer Warren-Dyment