Amy Friedman v. Malden, City of - Public Schools (SPR 20221938)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 26, 2022 SPR22/1938 Shirley Dorai Executive Assistant Malden Public Schools 110 Pleasant Street Malden, MA 02148 Dear Ms. Dorai: On August 22, 2022, this office received your petition on behalf of the Malden Public Schools (School) seeking permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(d)(iv). As required by law, it is my understanding that the School furnished a copy of this petition to the requestor. G. L. c. 66, § 10(d)(iv). On August 8, 2022, Collins Fay Martin, on behalf of Bruce Friedman, requested: Any and all responsive records and/or documents including, but not limited to electronic mail, text messages and or voice mail messages where the current Superintendent of Malden Public Schools has provided and/or discussed any of her professional and/or academic credentials, in any form (including but not limited to Text Messages, Email, Calendar Entries and/or Meetings, Photocopies, and/or physical papers) to any person within the City of Malden or Malden Public Schools (including but not limited to the Mayor (and/or his staff), any School Committee member(s), or any employee, contractor or political appointees of the City of Malden and/or the Malden Public Schools. Pending litigation This office is aware of pending litigation filed in Middlesex Superior Court captioned, Malden Public Schools v. Rebecca S. Murray, Supervisor of Records of the Public Records Division, et al., (Middlesex Superior Court Docket No. 2181CV01458). 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: 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

Shirley Dorai SPR22/1938 Page 2 August 26, 2022 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending matter, I decline to opine on the School’s petition seeking permission to charge for time spent segregating or redacting responsive records at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Bruce Friedman Collins Fay Martin