by Lonnie Brennan
GEORGETOWN – Manza Arthur, supervisor of records for the commonwealth’s Secretary of State Public Records Division last week issued a third demand to Georgetown Town Clerk Kerri Ann McManus in her capacity as Records Access Officer to respond to a records request from Selectman Michael Donahue.
One of McManus’s many roles includes serving as the conduit between the various town departments and any records requests. Unfortunately, that often leads the record officer between the proverbial rock and hard place, if public officials refuse to release documents.
Donahue has sought the release of a legal opinion which Town Administrator Orlando Pacheco has refused to release to the public. Pacheco has denied multiple Freedom of Informaion Requests for the document’s release.
The document in question was obtained by Pacheco from a private law firm under non-routine, unusual circumstances (see adjoining graph and footnote), and purportedly states that Pacheco has the right to fire town hall employees. He used the opinion to fire conservation agent Michele Grenier for insulting him, and hiding from him a recording/transcript of that insult (which she claimed she did not know existed); essentially Pacheco fired Grenier for doing what Pacheco is purportedly now doing.
“… the Town is ordered to provide Mr. Donahue with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days,” wrote the state’s supervisor of records.
The August 14th correspondence represents the third time since April that the state has sided with Donahue, demanding an explanation from the town for it’s refusal to release the Pacheco file.
As part of his extensive, detailed appeal, Donahue has cited that “The Record Belongs to the Town, Not an Individual. The Legal Opinion was prepared for and delivered to the Town of Georgetown (client matter GEO00600002, addressed to Town Administrator . . . in his official capacity). It was paid with public funds. The privilege belongs to the Town as client, not to any individual official. The public has a legitimate interest in reviewing how taxpayer dollars are spent on legal advice concerning municipal authority, personnel matters, and Conservation Commission issues.”
Initially, Pacheo directed Donahue to file his appeal of his decision of non-release through the SelectBoard chair. No such requirement exists. Then Pacheco took multiple attempts to assuage the State with replies which the State rejected.
SOURCE: Compilation of extensive legal billing records from the Town of Georgetown obtained via FOIA.
FOOT NOTE: At the April 27th SelectBoard meeting, Donahue questioned Pacheco’s unusual use of a never-before-used outside law firm to obtain a legal opinion instead of using the long-established town counsel of KP Law. This touched off an extensive, rambling exchange covering multiple topics of use of legal counsel. Board members Laura Repplier and Douglas Dawes gave their support to the town administrator to engage any firm he wants, whenever he wants. The Town Common subsequently obtained via F.O.I.A. request the town’s legal billing records. The graph (above) of the expenditures illustrates and supports Donahue’s concerns of the unusual $2,790.00 expenditure to MHT, the law firm of Murphy, Hesse, Toomey & Lehane for the special, hidden-from-the-public legal opinion.
The Pacheco file, according to members of the SelectBoard, grants Pacheco powers which are arguably unlcear as regards allowable by town’s bylaws. Donahue seeks release of the ‘opinion’ and to obtain a review of the ‘opinion’ by KP Law, the town’s law firm.
The State has thus far detailed via three demand letters totaling 13 pages the deficiencies of Pacheco’s response to Donahue’s request, detailing the conflation of ancillary information including notations of Zoom meetings, meeting schedules, and such, which do not address the matter at hand.
Subsequent to Donahue’s first appeal of the denial of release of records, the SelectBoard majority, including Chair Douglas Dawes, former chair Robert Hoover, and member Laura Repplier have authorized additional legal expenditures to fight against disclosure of the Pacheco file.
The full content of the appeals response from the state is available via https://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx. ♦
SOURCE: Compilation of extensive legal billing records from the Town of Georgetown.
FOOT NOTE: At the April 27th SelectBoard meeting, Donahue questioned Pacheco’s unusual use of a never-before-used outside law firm to obtain a legal opinion instead of using the long-established town counsel of KP Law. This touched off an extensive, rambling exchange covering multiple topics of use of legal counsel. Board members Laura Repplier and Douglas Dawes gave their support to the town administrator to engage any firm he wants, whenever he wants. The Town Common subsequently obtained via F.O.I.A. request the town’s legal billing records. The graph (above) of the expenditures illustrates and supports Donahue’s concerns of the unusual $2,790.00 expenditure to MHT, the law firm of Murphy, Hesse, Toomey & Lehane for the special, hidden-from-the-public legal opinion.
