Maroney, Esq., Michael v. Fall River, City of - Office of the City Clerk (SPR 20260163)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 30, 2026 SPR26/0163 Brenda Beaudry Department of Inspectional Services City of Fall River One Government Center, Room 524 Fall River, MA 02722 Dear Ms. Beaudry: I have received the petition of Michael T. Maroney, Esq., of Holland & Knight LLP, appealing the response of the Fall River Inspectional Services Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 8, 2025, Attorney Maroney requested, “all documents the City of Fall River Inspectional Services Department has in its possession, custody or control. . .” regarding “the Gabriel House . . . Oliver Street, Fall River, MA.” Specifically, Attorney Maroney sought the following: [1] All documents identifying the person or entity who designed the sprinkler system at the Gabriel House . . .[;] [2] All documents identifying the person or entity who installed the sprinkler system at the Gabriel House . . .[;] [3] All documents identifying the person or entity who designed the fire alarm system at the Gabriel House . . .[;] [4] All documents identifying the person or entity who installed the fire alarm system at the Gabriel House . . .[;] [5] All documents evidencing the issuance of permits related to fire prevention signage at the Gabriel House . . .[;] [6] All documents identifying the person or entity who reviewed and approved the permitting for the installation of the sprinkler system at the Gabriel House . . .[;] [7] All documents identifying the person or entity who reviewed and approved the permitting for the installation of the fire alarm system at the Gabriel House . . .[;] [8] All written and electronic correspondence between the Director of the City’s Inspectional Services Department . . . and anyone else regarding the origin or cause of the fire at the Gabriel House . . . from July 13, 2025 to the present[;] [9] All written and electronic correspondence between the Director of the City’s Inspectional Services Department . . . and anyone else regarding the sprinkler 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

Brenda Beaudry SPR26/0163 Page 2 January 30, 2026 systems or fire alarm systems at the Gabriel House . . . from July 13, 2025 to the present[;] [10] All written and electronic correspondence between the Director of the City’s Inspectional Services Department . . . and anyone else regarding window air conditioning units at the Gabriel House . . . from July 13, 2025 to the present[;] [11] All written and electronic correspondence between the Director of the City’s Inspectional Services Department . . . and anyone else regarding fire doors at the Gabriel House . . . from July 13, 2025 to the present. The Fall River Fire Department responded on October 17, 2025. Unsatisfied with the response, Attorney Maroney petitioned this office and this appeal, SPR26/0163, was opened as a result. The October 17th Response In its October 17, 2026 response, a representative for the Fall River Fire Department advised, “[t]his incident is still under active investigation by the Bristol County DA’s Office” and additionally provided a link through its Public Records Portal to, “[a]ll the documents that the Fall River Department can release at this time. . . .” Current Appeal In his January 15, 2026 appeal, Attorney Maroney objects to “the City of Fall River Department of Inspection Services’ . . . denial of [his] October [8], 2025 request for access to public records[.]” Attorney Maroney contends that the Department’s response, “did not provide [‘]specific proof[’] demonstrating how disclosure of each category of documents would [‘]prejudice the possibility of effective law enforcement[’]” and further states, “the records sought relate to the permitting and inspection of the Gabrel [sic] House, and are not directly related to the active fire investigation.” Pending 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. It is my understanding that civil litigation relating to the records that are the subject of Attorney Maroney’s request is pending in the Massachusetts Superior Court. See Croley, Michael P. vs. Gabriel Care LLC D/B/A Gabriel House Assisted Living Facility et al. (Bristol Superior Court Docket No. 2573CV00675). This office has reviewed the trial court’s docket and

Brenda Beaudry SPR26/0163 Page 3 January 30, 2026 verified that the civil litigation remains active and ongoing in Bristol Superior Court. In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note 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: Michael T. Maroney, Esq. Kenneth E. Fredette, Esq.