Ann Linsey Hurley v. Carlisle, Town of - Office of the Town Clerk (SPR 20220334)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 17, 2022 SPR22/0334 Linda Fantasia Health Agent Town of Carlisle 66 Westford Street Carlisle MA 01741 Ms. Fantasia: I have received the petition of Ann Linsey Hurley appealing the response of the Town of Carlisle Board of Health (Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 15, 2021, Ms. Hurley requested copies of “[a]ll emails, messages, and attachments to and/or from Board of Health member email accounts…from September 7th to 10th, 2021.” The Town provided a response on November 19, 2021. Unsatisfied with the Town’s response, Ms. Hurley petitioned this office and SPR22/0334 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 been made aware that civil litigation relating to the subject of Ms. Hurley’s request is still active and ongoing in U.S. District Court in 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 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

Linda Fantasia SPR22/0334 Page 2 February 17, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Ann Linsey Hurley Donna Brewer, Esq.; Miyares and Harrington, LLP