'Not exempt from disclosure': Herald News wins MA Public Records lawsuit against Fall River

FALL RIVER – The Herald News and its parent company, Gannett Inc., won its public records lawsuit against the city of Fall River.

Bristol County Superior Court Judge Renee Dupuis on Wednesday ordered the city administration to turn over documents related to the 2022 investigation of former Department of Community Maintenance Director John Perry. The investigation led to Perry's resignation. He had worked for the city for more than 20 years.

The Herald News filed a request for summary judgment for the release of the public records in November 2022 in Bristol County Superior Court, alleging the city violated the law when it twice denied public records requests for any and all records connected to the Perry investigation. The city also refused to release his separation agreement.

City attorneys argued the city followed public records law and was not required to produce any documents because they were exempt, citing privacy laws and personnel exemptions.

They also argued that the witnesses who spoke with a private investigator hired to conduct the Perry investigation by the city had a privacy privilege and believed their identities would not be made public. Revealing their names could impede any future investigations, argued city officials.

Dupuis, who heard oral arguments in August by Zachary Kleinsasser, who represented Gannett, and Fall River corporation counsel Alan Rumsey, disagreed with the city’s stance.

“It is declared that the records requested by the plaintiff are public records not exempt from disclosure, with the exception of any existing emails between municipal counsel and city employees made in confidence and for the purpose of rendering legal advice,” wrote Dupuis.

Public records lawsuit: Will Fall River release public info from John Perry's resignation? A judge will decide.

In addition, Dupuis ordered The Herald News and Gannett to serve and file a motion to compel the city to pay for attorneys’ fees and costs it incurred related to the lawsuit, which is allowed under state statute.

What are public records? Herald News sues Fall River for records regarding investigation of former DCM director

The city had also filed a cross-motion in the case for summary judgment to uphold withholding the records, which Dupuis denied.

‘Emphatic affirmation’ of Massachusetts Public Records Act

Kleinsasser called the judge’s ruling on the public records lawsuit “a total victory for the newspaper.”

“It is also an emphatic affirmation of the policy behind the Massachusetts Public Records Act, namely, complete and open access to government records,” said Kleinsasser. “The court ruled that the city violated the public records act both procedurally and substantively, rejecting all of the city’s arguments about confidentiality, privacy, and jeopardizing cooperation from witnesses in future city investigations.”

Kleinsasser said reporters in Massachusetts can use the ruling in the future in support of efforts to obtain access to public records from “recalcitrant municipalities.”

The city must now conduct a comprehensive search for the public records requested by The Herald News.

“The ruling by Judge Renee Dupuis is a win for the residents of Fall River, for transparent government, and the Massachusetts Public Records Act,” said Herald News editor Linda Murphy. “We are proud of the precedent this ruling sets.”

Investigation leads to resignation: Fall River's Department of Community Maintenance director resigns after two-month investigation

“Due to this ruling, our readers will be able to read about the multi-month investigation into John Perry as well as the separation agreement between Perry and the city,” Murphy said.

"The Herald News, like other local newspapers, is an advocate for transparency. It's disappointing it took a court order, but we are glad the documents will become public," she added.

What could the investigation and associated records reveal?

The investigation involving Perry began in April 2022, and less than two months later, he had resigned after negotiating a separation agreement with the city, that the administration also refused to release.

During that time, City Administrator Seth Aitken indicated the investigation had become “more broad and more complicated” than the administration had originally planned, although he did not elaborate.

It was in court filings by the city, that The Herald News learned that private investigator Daniel Lowney had been tailing Perry for three days and interviewed 48 city employees regarding possible “illegal and/or unethical activities” that may have occurred within DCM and may have expanded beyond possible misdoings by Perry.

This article originally appeared on The Herald News: Judge orders Fall River to release records after Herald News lawsuit