MassMuniLaw Listserve - August to November - Boston

Brian Sparks filed this request with the City of Boston, Law Department of Boston, MA.


From: Brian Sparks

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, ยง10, I hereby request the following records:

All emails, comments, posts, etc., distributed via the MassMuniLaw (Massachusetts Municipal Lawyers Association) listserve from 1 August 2015 to 21 October 2015.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.


Brian Sparks

From: Henry Luthin

Dear Mr. Sparks,

First, I want to apologize for the delay in responding to your request. The
request went to an email address which should have been checked regularly
and was not.

You requested the following documents:

*All emails, comments, posts, etc., distributed via the MassMuniLaw
(Massachusetts Municipal Lawyers Association) listserve from 1 August 2015
to 21 October 2015.*

The items on the List Serve of the Massachusetts Municipal Lawyers
Association are personal to the lawyers who are members. The list serve is
not a public forum, and participation is for professional education and
enrichment for the lawyers who contribute.

You may appeal this decision to Shawn Williams, Esquire, Supervisor of
Records at the Office of the Secretary of the Commonwealth. Details about
filing an appeal may be found at this link:

If Mr. Williams determines the documents to be in fact public records, the
position of the City is that such records are subject to the attorney
client privilege and the attorney work product doctrine. We would likewise
claim an exemption under exemption (e), MGL c. 4, s. 7, 26th. We, of
course, reserve the right to further determine which exemptions may apply.

Again, my apologies for the delay in response.

Henry C. Luthin
First Assistant Corporation Counsel
City of Boston Law Department
City Hall, Room 615
Boston, MA 02201

617.635.4024 (o)
617.594.1645 (c)

From: Brian Sparks

Dear Mr. Luthin,

Thank you for your response. I will take it under advisement and consider whether to appeal to Mr. Williams, as similar forums for other categories of public employees are subject to public records requests.

I understand the complexities of having multiple email addresses; thank you for your response.

Brian Sparks


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