provides in pertinent part: a request for records in which an individual, or representative of the individual has a unique right of access by statutory, regulatory, judicial or other applicable means, shall not be considered a request for public records 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
Active 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. With respect to records requests numbered 1, 2 and 5, these requested records are the subjects of a disputein activelitigation. See Hovsepian, Scott et al. v.
Active 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. Reconsideration request In his request for reconsideration, Mr.
In its July 6, 2023 response, the Department reiterated its response from the previous appeal and stated that: 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.
In its July 6, 2023 response, the Department reiterated its response from the previous appeal and stated that: 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 disputeinactive litigation, administrative hearings, or mediation.
In my August 10" determination, I found that given that the requested records are the subjects of a disputeinactivelitigation between the MBTA and Clear Channel, and where Clear Channel and its attorneys have a unique right of access through the judicial process, I declined to opine any further on this matter. See 950 C.M.R. 32,08(2)(b).
Page 3 August 10,2018 Conclusion Accordingly, given that the requested records being the subject of disputes inactivelitigation between the MBTA and Clear Channel, and where Clear Channel and its attorneys have a unique right of access to the records through the judicial process, I decline to opine any 950 C.M.R. 32.08(2)(b). further on this matter. Sincerely, Rebecca S. Murray Supervisor of Records cc: Daniel J. Hay, Esq.
provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of 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 Marsha Conley Page 2 January 10, 2019 SPRl 8/2116-SPR18/2127;SPR18/2132SPR18/2136; SPR18/2138-SPR18/2157; SPR19/005; SPR19/009-SPR19/012 the Supervisor: 1. the public records in question are the subjects of disputes
provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of 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 Marsha Conley Page 2 January 10, 2019 SPRl 8/2116-SPR18/2127;SPR18/2132SPR18/2136; SPR18/2138-SPR18/2157; SPR19/005; SPR19/009-SPR19/012 the Supervisor: 1. the public records in question are the subjects of disputes
provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of 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 Marsha Conley Page 2 January 10, 2019 SPRl 8/2116-SPR18/2127;SPR18/2132SPR18/2136; SPR18/2138-SPR18/2157; SPR19/005; SPR19/009-SPR19/012 the Supervisor: 1. the public records in question are the subjects of disputes
The public records in question are the subject of disputes inactivelitigation, administrative hearings or mediation. Attorney Mackin informed this office that he filed a complaint in Norfolk Superior Court on December 18, 2018. See Gerald F. Mackin, Jr. v. Kathleen Deree, Docket No. 18-1611.
provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of 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 Marsha Conley Page 2 January 10, 2019 SPRl 8/2116-SPR18/2127;SPR18/2132SPR18/2136; SPR18/2138-SPR18/2157; SPR19/005; SPR19/009-SPR19/012 the Supervisor: 1. the public records in question are the subjects of disputes
provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of 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 Marsha Conley Page 2 January 10, 2019 SPRl 8/2116-SPR18/2127;SPR18/2132SPR18/2136; SPR18/2138-SPR18/2157; SPR19/005; SPR19/009-SPR19/012 the Supervisor: 1. the public records in question are the subjects of disputes