You should note that under 950 CMR 32.08(2), the supervisor of Public Records may deny an appeal if the public records in question are the subject of disputes inactivelitigation, administrative hearings or mediation, and historically has done so.
The Department stated, [a]lthough the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation. Chief Michael A.
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: {. the public records in question are the subjects of disputes inactivelitigation, administrative hearings or mediation. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.MLR. 32.08(2)(b).
Brigham Page 3 July 7, 2023 SPR23/1414 C.M.R. 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation.
To respond to your request, although the Tisbury Police Department is presently in possession of the requested records, the Tisbury Police Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation.
On 18 April 2023, I received a denial of all records from Chief of Police Brian Coyne, which included the following language: Although the Police Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation.
, likely sent between December 1, 2022 and April 9, 2023 Copies of any relevant responsive communications within or between a) your police department and b) your municipal administration in regard to this database Although the Police Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of dispute
On 20 April 2023, I received a denial of all records via the Agawam Public Records portal, which included the following language: Although the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation.
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: The public records in question are the subjects of disputes inactivelitigation, administrative hearings or mediation In its response, the Department stated: The responsive records in question are the subjects of disputeinactive litigation, administrative hearings, or mediation it
The municipality and PD cite 32.08(2), which, through the Supervisor, allows the withholding of certain records when the public records in question are the subjects of disputes inactive litigation.
. -- Agawam, MA Public Records A document has been released for record request #23-72 along with the following message: Although the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation.
. | will note, however, that last year, several departments refused to provide these responsive records citing to 950 CMR 32.08, claiming that the records in question were the subjects of disputeinactivelitigation, administrative hearings, or mediation. Regarding a request for all police department data submitted to POST, POST withheld all responsive records, citing to the pending litigation in Hovsepian, Scott et al. v.
"the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2)" "the responsive records in question are the subjects of disputeinactivelitigation" "I support thereof, it is the opinion of the Department" and/or "In support thereof, it is the opinion of the Department" Copies of any responsive communications sent or received by municipal employees and/or officers and/or employees of the police department between the
[Quoted text hidden] Although the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation.
The Departments April 25th Response In its April 25, 2023 response, the Department advised, [a]lthough the Marion Police Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation.
Although the Marion Police Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings or mediation. I support thereof, it is the opinion of the Department that these records relate directly to the matters of Hovsepian, Scott et al. v.
Eldredge Page 3 May 24, 2023 SPR23/0952 records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation. 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 inactive litigation, administrative hearings or mediation.
Although the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation. I support thereof, it is the opinion of the Department that these records relate directly to the matters of Hovsepian, Scott et al. v.
The Departments April 19" response In its April 19, 2023 response, the Department stated: The responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation... it is the opinion of the Department that these records relate directly to the matters of Hovsepian, Scott et al. v.
Although the Department is presently in possession of some of the requested records, the Department intends to withhold these records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administ rative hearings, or mediation. | support thereof, it is the opinion of the Department that these records relate directly to the matters of Hovsepian, Scott et al. v.
Although the Department is presently in possession of some of the requested records, the Department intends to withhold these records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation. | support thereof, it is the opinion of the Department that these records relate directly to the matters of Hovsepian, Scott et al. v.