State Orders Pittsfield To Release Contested Documents

By Joe DurwinPittsfield Correspondent
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The Human Rights Commission earlier this year. The secretary of the commonwealth ordered the release of documents — mostly emails, letters and meeting minutes — related to a discrimination case brought against Mayor Daniel Bianchi.

PITTSFIELD, Mass. — Following a several month process of appeals and review, the Public Records Division of the secretary of the commonwealth has ordered the release of requested documents pertaining to the city's Human Rights Commission's investigation of a complaint against Mayor Daniel Bianchi.

"The City and the HRC are hereby ordered to provide the responsive records to Mr. Durwin in a manner consistent with this order, the Public Records Law and its Access Regulations," stated Supervisor of Records Shawn Williams in a formal letter, citing insufficient legal support for the denial of these records by City Solicitor Kathleen Degnan.

This order follows a multistep process in the wake of a public records request filed on July 2, 2014, requesting all documents provided to the Human Rights Commission related to its investigation of a formal complaint against Bianchi filed by Medford resident Doreen Wade.

On July 8, City Clerk Linda Tyer responded to indicate that this request had been denied, following an advisement by Degnan that these records were exempt Massachusetts General Laws Chapter 4, Section 7, Clause 26, Paragraph (c), that "personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy."

"If someone makes a public records request, during the middle of an investigation, my answer would be no," Degnan explained to the commission at its July 22 meeting. "Who would want to file a complaint to this body knowing that everything they say and everything they mention would be scrutinized by the public?"

According to the state records authorities, however, the rationale provided in the solicitor's denial failed to meet the requirements of the law cited. Following an appeal by this correspondent, the supervisor of records on Aug. 22 issued a decision overturning the record denial, indicating that this law clearly states "the burden shall be upon the custodian to prove with specificity the exemption which applies."

"It is my finding that the City has failed to satisfy its burden in responding to this records request," Williams wrote. "The City has provided no specificity with respect to the applicability of the exemption claimed and is not permitted to issue a blanket denial without providing any further information with respect to the requested records."

At this time, the state ordered that the requested records be turned over, or that an appeal be filed providing more specific information for the denial. Opting for the latter option, on Sept. 3, Degnan issued a response, expanding on the relevance of the previously cited exemption, and citing an additional exemption to MGL c.4, sec.7cl(26)(f), for "investigatory materials compiled out of the public view by law enforcement or other investigatory officials."

"The Human Rights Commission has the power to create a subcommittee; one of them being tasked to investigate the claims of a Complainant," wrote Degnan in the Sep. 3 appeal. "Said subcommittee is exempt from Open Meeting law as they do not deliberate upon any matter, they simply ask questions."

At the time, no subcommittees of the Human Rights Commission existed. A subcommittee to investigate Wade's complaint was first formed at its Nov. 13 meeting.



Additionally, concern about the possibility of a lawsuit was cited as a reason for the denial in the appeal.

"The City submits that, if the notes, memoranda and documents that were received and/or created during the course of this investigation were disclosed, that both the Human Rights Commission, as well as the City of Pittsfield, risk the initiation of litigation by the Complainant on the grounds that her personal privacy was violated," wrote Degnan.

In response, on Oct. 6, an attorney for the Supervisor of Records' office notified this correspondent that it had requested the City to submit to an "in camera" (i.e., private) review of the records in question in order to help make a determination on the validity of the exemption.

Following this review, the Supervisor of Records issued a determination on Dec. 11 that the exemptions cited were insufficient to warrant continued withholding of the records

"In a letter that accompanied the in camera materials you identified records that the HRC believes are not exempt from disclosure," wrote Williams.

Furthermore, the continued inactivity of any investigation since the abrupt adjournment of the HRC's July meeting prompted the commonwealth to find that statements in the city's appeal indicating release of the records would adversely affect "the HRC's ability to conduct a fair and thorough investigation" were no longer valid.

"It appears that many months have passed since this complaint was filed," Williams stated, "and no information was provided to this office by you, the City or the HRC to indicate that any investigation is active at this time."

Accordingly, the commonwealth ordered on Dec. 11 that the city release all requested documents. On Dec. 29, Degnan issued a notification of its intent to disclose 200 pages of records pertaining to the complaint against Bianchi by Wade.

Here is Part One and Part Two of a story on what was in the documents.
 

Notice of Decision- Pittsfield HRC Records

 


Tags: human rights,   municipal complaint,   public records,   secretary of state,   

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Toys for Tots Bringing Presents to Thousands of Kids This Year

By Breanna SteeleiBerkshires Staff

Volunteers organize toys by age and gender in the House of Corrections storage facility. 

PITTSFIELD, Mass. — Plenty of toys are on their way to children this holiday season thanks to Toys for Tots.

Christopher Keegan has coordinated the local toy drive for the Berkshire Chapter of the Marine Corps Reserve since 2015 and said he has seen the need rise every year, last year helping more than 6,000 kids.

"This is 11 years I've been doing it, and the need has gone up every year. It's gone up every year, and I anticipate it going up even more this year," Keegan said.

On Thursday, the Berkshire County House of Corrections storage facility was overflowing with toys making it the county's very own Santa's workshop. 

Keegan said Berkshire County always shows up with toys or donations. 

"This county is outstanding when it comes to charity. They rally around stuff. They're very giving, they're very generous, and they've been tremendous in this effort, the toys for pride effort, since I've been doing it, our goal is to honor every request, and we've always reached that goal," he said.

Keegan's team is about 20 to 25 volunteers who sort out toys based on age and gender. This week, the crew started collecting from the 230 or so boxes set out around the county on Oct. 1.

"The two age groups that are probably more difficult — there's a newborn to 2s, boys and girls, and 11 to 14, boys and girls. Those are the two challenging ages where we need to focus our attention on a little bit more," he said.

Toys For Tots has about 30 participating schools and agencies that sign up families and individuals who need help putting gifts under the tree. Keegan takes requests right up until the last minute on Christmas.

"We can go out shopping for Christmas. I had sent my daughter out Christmas Eve morning. Hey, we need X amount of toys and stuff, but the requests are still rolling in from individuals, and I don't say no, we'll make it work however we can," he said.

Community members help to raise money or bring in unopened and unused toys. Capeless Elementary student Thomas St. John recently raised $1,000 selling hot chocolate and used the money to buy toys for the drive.

"It's amazing how much it's grown and how broad it is, how many people who were involved," Keegan said.

On Saturday, Live 95.9 personalities Bryan Slater and Marjo Catalano of "Slater and Marjo in the Morning" will host a Toys for Tots challenge at The Hot Dog Ranch and Proprietor's Lodge. Keegan said they have been very supportive of the drive and that they were able to collect more than 3,000 toys for the drive last year.

Volunteer Debbie Melle has been volunteering with Toys for Tots in the county for about five years and said people really showed up to give this year.

"I absolutely love it. It's what we always say. It's organized chaos, but it's rewarding. And what I actually this year, I'm so surprised, because the amount that the community has given us, and you can see that when you see these pictures, that you've taken, this is probably the most toys we've ever gotten," she said. "So I don't know if people just feel like this is a time to give and they're just going above and beyond, but I'm blown away. This year we can barely walk down the aisles for how much, how many toys are here. It's wonderful."

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