Fall River withholds records in investigation of public works chief
FALL RIVER — The Herald News and its parent company, Gannett, continue to battle the city of Fall River over the release of public records related to a monthslong investigation into former Department of Community Maintenance head John Perry, with the city releasing incomplete records despite a Superior Court order.
The case could head back to court, extending an 18-month long effort by The Herald News to gain access to all the public documents.
On Monday, the city’s outside attorney Jay Talerman released a 34-page report authored by private investigator Daniel Lowney. It contained 300 redactions and did not include 70 photographs and copies of emails used in the investigation that are identified in the report.
In addition, Talerman included an incomplete version of the separation agreement reached between the city and Perry. The agreement shows that, despite concerning allegations by his employees, Perry agreed to resign with nearly $65,000 in pay. A single email from Corporation Counsel Alan Rumsey to Perry’s attorney, Philip Beauregard, was also released.
Thursday, the city received a letter from The Herald News’ attorney, Zachary Kleinsasser, demanding the release of all public records on the investigation, as ordered by Bristol County Superior Court Judge Renee Dupuis on Oct. 12.
The city released its incomplete report 30 days after the judge ruled in The Herald News’ favor on all counts, and six days after the citywide election that saw Mayor Paul Coogan win easily over former mayor C. Sam Sutter.
What’s missing from the report? Witness identities are hidden
The city’s attorney redacted all the names of the 48 employees from DCM, cemeteries and parks departments who were interviewed by the private investigator and their length of employment with the city.
However, as Kleinsasser noted in the five-page letter to the city, Dupuis was very clear in her 18-page ruling that the public record law’s “invasion of privacy” exemption did not apply in the case of the Perry investigation.
“The Court specifically addressed the City’s concern about revealing the identities of municipal employees who were interviewed during the investigation, ruling that ‘the identification of the names of the forty-eight city employees who participated in a municipal investigation, and their attendant opinions regarding Mr. Perry in the context of his employment’ were not sufficiently ‘personal’ to those employees as to require exemption from disclosure,” wrote Kleinsasser.
In an email containing a redacted and incomplete set of public records, the city’s lawyer again tried to argue the document held an “investigatory” exemption.
“The Superior Court specifically considered — and emphatically rejected — the City’s meritless assertion that the investigatory exemption applied to the Investigatory Report,” wrote Kleinsasser.
City withheld emails related to investigation
Before filing the public records lawsuit, The Herald News filed two public records requests for the release of the documents related to the Perry investigation, both which were denied in May 2022 and in June 2022.
In the later denial, the city indicated there were multiple emails between Perry’s attorney and city attorneys. It was indicated again that there were emails in an affidavit to the court by City Administrator Seth Aitken, who oversaw the investigation.
Yet the city’s attorneys delivered only a single email and failed to identify the documents not released.
“Even though the City hired a private investigator, conducted a months-long investigation of Mr. Perry, interviewed nearly 50 City employees, and negotiated a Separation Agreement with the City’s Director of Community Maintenance, the City has identified and produced a total of three responsive documents,” wrote Kleinsasser. “This is difficult to fathom.”
“To be clear, each and every email concerning the investigation and resignation must either be (a) provided to The Herald News or (b) identified on a detailed privilege log,” stated Kleinsasser.
“If the City does not immediately rectify the problems described above, The Herald News will not hesitate to involve the court.”
The city could owe The Herald News for its legal bills
The Herald News is also looking for reimbursement for its legal expenses, which is allowed under the public records law.
The newspaper’s attorney twice made an offer to settle the issue, first with an offer of $137,000, which the city rejected. City attorneys have apparently ignored a second offer.
Kleinsasser indicated in his letter that The Herald News would, in good faith, consider any future offers from the city.
However, he said, any future offers to settle the legal fees “should include in its offer attorneys’ fees and costs incurred because of the City’s continuing failure to comply with the public records law” and the Superior Court order.
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