Mirick, 0' Connell, De Mallie & Lougee, LLP 100 Front Street Worcester, MA 01608 Dear Attorney Moschos: I have received your request that I reconsider my previous written determination concerning the Town of Falmouth's (Town) response to a public records request made by Jillian M. Ryan, Esq. of Pyle Rome, Legal Counsel for the Town of Falmouth Firefighters Union (Union). See SPR15/460 Determination ofthe Supervisor ofRecords (December 4, 2015).

Ryan, Esq. of Pyle Rome, Legal Counsel for the Town of Falmouth Firefighters Union (Union), appealing the response of the Town of Falmouth (Town) to her request for public records. G. L. c. 66 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Ryan requested a copy of prior drafts of a report prepared by the Towns consultant, Matrix Consulting Group.

The BFD called nine witnesses and Firefighter Jones testified on his own behalf.

David Jesus, Firefighter, NBFD; Mr. Brandon Silva, Firefighter, NBFD; Mr. Norman Luke Charbonneau, Lieutenant, NBFD, Fire Prevention Bureau; Mr. Robert Frates, District Chief, NBFD; Mr. Michael Coffey, Firefighter, NBFD; Mr. Scott Kruger, District Chief, NBFD; Mr. Scott Andrew Gomes, Captain, NBFD; Mr. Richard Spoor, Firefighter, NBFD; Mr. Paul Coderre, Deputy Chief, NBFD; Ms. Jennifer Carrita, Paramedic, City; Mr.

McLaughlin, Firefighter, Boston Fire Department, Appellant and taking administrative notice of all matters filed in the case and pertinent statutes, case law, regulations, rules, policies, testimony that I find credible, and reasonable inferences from the evidence; a preponderance of evidence establishes the following facts: 1. The Appellant has been employed in the Department since approximately 1998 as a Firefighter.

Previously, he was an Attleboro Firefighter for eleven years. He is responsible for initial discipline in the Attleboro Fire Department. (Testimony of Lachance) 3. John Clover has been the Superintendent for the Attleboro DPW for seven years. Previously, he was a Junior Civil Engineer for sixteen years. He is responsible for initial discipline in the DPW. (Testimony of Clover) 4.

Fontana Called by the Appellant: Deputy Fire Chief, Division 1, Bart Shea Firefighter Louis DeBenedictis and taking administrative notice of all matters filed in the case and pertinent statutes, regulations and policies, and credible evidence and reasonable inferences therefrom, I make the following findings of fact: 1. The Appellant has been a firefighter at the BFD since 2014. He is assigned to Engine 8.

Dooley SUMMARY OF DECISION The Commission affirmed the decision of the Boston Fire Department (BFD) to suspend a firefighter for 60 days for violation of rules related to untruthfulness and misrepresentation regarding the unauthorized use of emergency lights and sirens on his personal vehicle.

Alston admits that he cannot perform the duties of a BFD Firefighter now or at any future time. Mr.

Erickson, Firefighter M.M., Firefighter T.H., Firefighter L.O., Firefighter S.M., and Firefighter L.O. On that date, Lt. Erickson was on duty as the senior officer in command. (Testimony of Chief Duffey) 7. At 19:39:57 on November 2, 2016, Abington Fire advised Plymouth County Control of a working fire and requested mutual aid from the Rockland Fire Department.

William Gillis, Boston Fire Department; Called by Firefighter DeBenedictis: Louis DeBenedictis, Appellant. I make the following findings of fact: 1. The Appellant has been a Boston firefighter since 2014. He was a firefighter in another community for several years before joining the BFD. (Stipulated Facts) He is currently out on medical leave and does not anticipate returning as a firefighter. (Testimony of Appellant) 2.