The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 24, 2023 SPR23/0038 Officer Michael Boswell Record Access Officer New Bedford Police Department 871 Rockdale Avenue New Bedford, MA 02740 Dear Officer Boswell: I have received the petition of Nina Sparling appealing the response of the New Bedford Police Department (Department) to a request for

City/town, State, ZIP Code New Bedford MA 02740 16. FAX Number 508-991-4266 15. E-mail Address 16. Firm/Organization Name staveira@afscme93.org Afscme Council 93 EMPLOYER 18. Name City of Fall River 19. Telephone Number 508-324-2661 20. Address 24, FAX Number One Government Center 508-324-2112 21,22,23. City/town, State, ZIP Code Fall River MA 02722 LABOR RELATIONS REPRESENTATIVE 25. Name John Clifford, Esquire 26. Title Labor Counsel 27.

City of New Bedford, 471 Mass. 446 (2015), the Office states that [t]he work product doctrine protects from public disclosure all materials and mental impressions prepared by an attorney, or another representative of a client retained or consulted at the direction of counsel, in anticipation of actual or reasonably foreseeable litigation.

Lizotte v City of New Bedford Police Department 12 MCSR 40 (1999). An Appellant's "expectation of selection based on his position on a civil service list does not rise to the level of a property list entitled to constitutional protection." Stuart v. Roache, 951 IF. 2d 446 (1st Cir. 1991). It is a limited preference to be considered for appointment rather than a right to be hired.

City of New Bedford, 471 Mass. 446 (2015). In DaRosa, the SJC concluded that opinion work product that was prepared in anticipation of litigation or for trial by or for a party or its representative falls within the scope of Exemption (d). Id. at 448. It also concluded that fact work product under Mass. R. Civ.

City of New Bedford, 471 Mass. 446, 448 (2015). Reasonable description of records Items (h) (j) Regarding the above Items, the Office stated that [i]t is unclear from your request what is meant by departmental records. To the extent that this request seeks investigatory records retained by a department(s) of this Office, we understand this to be duplicative of your broader request for all files related to the investigation.

City of New Bedford, 23 MCSR 134 (2010). See also ONeill v. City of Lowell, 21 MCSR 683 (2008), affd sub nom ONeill v. Civil Service Commn, MICV2009-00391 (Sup.Ct. 2009) (Chernoff, J.) (The statute gives the Commission the power to initiate an investigation upon request . . . but does not require it to do so.) affd, 78 Mass.App.Ct. 1127 (2011); Memorandum and Decision in Boston Patrolmens Association v.

City of New Bedford, 471 Mass. 446 (2015). In DaRosa, the SJC concluded that opinion work product that was prepared in anticipation of litigation or for trial by or for a party or its representative falls within the scope of Exemption (d). Id. at 448. It also concluded that fact work product under Mass. R. Civ.

November 21, 2000; City of New Bedford, 15 MLC 1732, 1737, MUP-6488, May 31, 1989. The Commonwealth Employment Relations Board (CERB) analysis focuses on the pre-existing pattern of shared work and the impact that any change in that pattern may have on the allegedly aggrieved party. See City of Boston, 26 MLC 144, 147, MUP-1085, March 10, 2000; Town of Natick, 11 MLC 1434, 1438, MUP-5319, February 19, 1985.

City of New Bedford, 471 Mass. 446 (2015). In DaRosa, the SJC concluded that opinion work product that was prepared in anticipation of litigation or for trial by or for a party or its representative falls within the scope of Exemption (d). Id. at 448. It also concluded that fact work product under Mass. R. Civ.