In addition, the Supervisor of Records (Supervisor) may deny an appeal if the public records in question are the subject of disputes inactivelitigation, administrative hearings or mediation. 950 C.M.R. 32.08(2)(b). As such, Attorney Martignetti may wish to consider another means of seeking to obtain any existing responsive records. The Department's response The Department claims the responsive records may be withheld under G.
The Town posits that records concerning on-going litigation fall within Exemption (d), and that the Supervisor of Records may decline to accept an appeal from a requester where the records in question are the subjects of disputes inactivelitigation, administrative hearings or mediation. See Lafferty v. Martha's Vineyard Comm'n, 17 Mass. L. Rep. 50 (Mass. Super. 2004); see also 950 C.M.R. 32.08(2). Mr.
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: 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 Greg Lucey Page 2 July 30, 2021 SPR21/1512 The public records in question are the subjects of disputes inactivelitigation, administrative hearings
Pending Administrative Matter 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 inactivelitigation, administrative hearings or mediation.
In addition, the Supervisor of Records (Supervisor) may deny an appeal if the public records in question are the subject of disputes inactivelitigation, administrative hearings or mediation. 950 C.M.R. 32.08(2)(b ). As such, Attorney Martignetti may wish to consider another means of seeking to obtain any existing responsive records. The Department's response The Department claims the responsive records may be withheld under G.
In addition, the Supervisor of Records (Supervisor) may deny an appeal if the public records in question are the subject of disputes inactivelitigation, administrative hearings or mediation, 950 C.M.R. 32.08(2)(b). As such, Attorney Cellai may wish to consider another means of seeking to obtain any existing responsive records.
Attorney Powell also states that the records in question are not the subjects of disputes inactivelitigation. I find it is unclear how this information may be withheld under Exemption (c), particularly in light of the fact that the same information appears to be available from other sources. See id. (finding that the availability from other sources may lessen privacy interests).
Please be advised, the Supervisor may deny an appeal in which an individual, or a representative of the individual, has a unique right of access to the record through statutory, regulatory, judicial or other applicable means; or where the public records in question are the subjects of disputes inactivelitigation, administrative hearings or mediation. See 950 C.M.R. 32.08(1)(a); see also 950 C.M.R. 32.08(2)(b).
Active Administrative Proceeding 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 inactivelitigation, administrative hearings or mediation. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b).
Active Administrative Proceeding 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 inactivelitigation, administrative hearings or mediation. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b).