Division ofCapitalAssetManagement (449Mass444), wherein the Supreme Judicial Court stated that a governmental entity may assert attorney-client privilege to protect documents against disclosure where they contain communications between lawyer and client for purpose of obtaining legal advice.
However, until then, the requested records are exempt from disclosure pursuant to Exemption (d) In an email sent to this office on September 29, 2023, the University stated, [a]s a state agency, the university property in question regarding leases for a geothermal pilot project is subject to ongoing negotiations between National Grid and the Division ofCapitalAssetManagement and Maintenance.
Division ofCapitalAssetManagement, 449 Mass. 444, 450, n.9 (2007). Redaction under Exemption (d) is intended to avoid the premature release of materials that could taint an ongoing deliberative process. MassDOT may withhold records under this exemption if they pertain to negotiations and/or discussions which have not been completed.
Division ofCapitalAssetManagement Division) by the Supreme Judicial Court. In the Towns June 12, 2023 response, the Town advised, [g]iven the high profile nature of this case and the elevated stakes, the attorney representing the Town in this case, ...has respectfully requested that said documents remain considered exempt under the attorney/client privilege classification.
Division ofCapitalAssetManagement, 449 Mass. 444, 449-50 (2007). These records are communications to or from our attorneys and our clients during the course of their search for legal advice or opinion that were made in confidence and our privilege has not been waived.
Division ofCapitalAssetManagement, 449 Mass. 449-50 (2007) (recognizing the extension of the attorney-client privilege to confidential communications between governmental entities and their legal counsel).Because the City Solicitor is the exclusive representative of the City appropriately equipped to complete such segregation and redaction, the Supervisor should allow the City to charge Mr.
Division ofCapitalAssetManagement, 449 Mass. 444, 449-50 (2007). These records are communications to or from our attorneys and our clients during the course of their search for legal advice; they were made in confidence and our privilege has not been waived.
Division ofCapitalAssetManagement, 449 Mass. 444 (2007). Previous Appeal This request was the subject of a previous appeal. See SPR21/0726 Supervisor of Records Determination (April 6, 2021). In my April 6th determination, I ordered the City to provide Attorney Ryan with a response to his request. The City provided a supplemental response on April 21, 2021, again asserting attorney-client privilege, and describing the records withheld.
Division ofCapitalAssetManagement, 449 Mass. 444 (2007). The Supreme Judicial Court has found that the Supervisor of Records may make a decision . . . delineating what documents among . . . requested reports are privileged or exempted from the public records act. Hull Municipal Lighting Plant v. Massachusetts Municipal Wholesale Electric Co., 414 Mass. 609 (1993).
Given the history of no transparency by this board, I am concerned there might be a settlement with a friend (then there would be a conflict of interest)[;] [8] there is an evolving privilege log (per the division ofcapitalassetmanagement case) and monetary agreements that is of public interest. In response to the Towns June 11, 2024 supplemental response, Mr.