Lisa Tiernan v. Carlisle, Town of - Office of the Town Clerk (SPR 20220324)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 17, 2022 SPR22/0324 Linda Fantasia Health Agent Town of Carlisle 66 Westford Street Carlisle MA 01741 Dear Ms. Fantasia: I have received the petition of Lisa Tiernan appealing the response of the Town of Carlisle (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 16, 2021, Ms. Tiernan requested the following: All emails, messages, and attachments to and/or from Board of Health members from September 2021 to the present relating to COVID-19, face masks, and/or the Notice of Claim letter dated September 7th, 2021 and delivered to [the Town of Carlisle Health Agent] on September 8th, 2021. The Town responded on November 19, 2021, denying the request. Unsatisfied with the Town’s response, Ms. Tiernan appealed, and this case 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 its November 19, 2021 response, the Town states that “the requested documents are the subject of a matter in active litigation and therefore will not be produced in response to this public records request.” This office has reviewed the court’s docket and verified that the requested records are the subject of civil litigation that remains active and ongoing in the U.S. 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

Linda Fantasia SPR22/0324 Page 2 February 17, 2022 District Court for the District of Massachusetts. See Bush et al. v. Fantasia et al. (Docket No. # 21-CV-11794). Conclusion In light of the ongoing litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Accordingly, this administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Lisa Tiernan