Betty I. Ussach v. Bristol County Sheriff's Office (SPR 20220687)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 28, 2022 SPR22/0687 Lorraine J. Rousseau, Esq. Bristol County Sheriff’s Office 400 Faunce Corner Road North Dartmouth, MA 02747 Dear Attorney Rousseau: I have received the petition of Betty I. Ussach-Schwartz, Esq. appealing the response of the Bristol County Sheriff’s Office (Sheriff’s Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 3, 2022, Attorney Ussach-Schwartz requested: “…any and all records that indicate the annual payments to Attorney Bruce Assad, from the commencement of his representation of Sheriff Hodgson or of the Sheriff’s Office of the Bristol County House of Correction, until the present date. Additionally, I request the same access or copies of any other payments made to attorneys who have represented the Sheriff or his office from the commencement of the Sheriff’s tenure until the present date.” The requested records were the subject of a prior appeal. See SPR22/0436 Determination of the Supervisor of Records (Supervisor) (March 3, 2022). Where, the prior appeal was opened due to a nonresponse, I closed the appeal with the indication that the Sheriff’s Office would provide a response. A response, including records, were provided on March 4th and March 9th by the Sheriff’s Office. Current appeal On March 9th, after receiving the records pertaining to payments made to attorneys, and related to legal services provided to the Sheriff’s Office, Attorney Ussach-Schwartz sent the Sheriff’s Office an email. In her March 9th email, she asserts, “I assume there will be additional records forthcoming as I believe Attorney Robert Novack has filed appearances in matters involving Sheriff Hodgson and other employees of the Sheriff’s [O]ffice. And if there are others lawyers, or law firms, that you are still compiling records for, please advise.” On March 24, 2022, after not receiving any further response to her March 9th email, Attorney Ussach-Schwartz petitioned the Supervisor again, and the current appeal was opened. 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

Lorraine J. Rousseau, Esq. SPR22/0687 Page 2 March 28, 2022 In a March 25th email, the Sheriff’s Office explained, “…[t]he records provided regarding payments to other attorneys were for outside attorneys who provided legal services to the [Sheriff's Office], not attorneys who are employees. No payments were made to Attorney Novack as an outside attorney by the [Sheriff’s Office].” As a result of the Sheriff’s Office’s March 25th email, Attorney Ussach-Schwartz requested an accounting of Attorney Novack’s salary for each and every year that he has been employed by the Sheriff’s Office. By email the same day, the Sheriff’s Office provided Attorney Novack’s salary information in response to the March 25th request. Conclusion Accordingly, where the Sheriff’s Office provided records responsive to Attorney Ussach- Schwartz February and March 2022 requests, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Betty I. Ussach-Schwartz, Esq.