Superior Court Complaint re public records Three County Fairgrounds

8/8/2019 Superior Court Complaint re public records Three County Fairgrounds

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COMMONWEALTH OF MASSACHUSETTSTRIAL COURT

HAMPSHIRE, SS. CIVIL ACTION NO. 2010

LAND COURT DEPARTMENT ____________________________________________________________________

MARIA F. TYMOCZKO, Plaintiff

vs.

TREI ANDERSON, Defendant ____________________________________________________________________

COMPLAINT FOR:

(1) RULING UNDER THE PUBLIC RECORDS LAW (G.L. c. 66, 10 & c.

4, 7, clause 26);

(2) EQUITABLE RELIEF under G.L. c. 214, § 1.

1. Plaintiff Maria F. Tymoczko owns and resides at 28 Pomeroy Terrace in

Northampton, shown as Parcel 32A-234-001 on the records of the City of Northampton

Tax Assessors, and an additional tract of land on Pomeroy Terrance shown as Parcel

32A-273-001 on said Tax Assessors records.

2. Defendant Teri Anderson is employed by the City of Northampton as

Director of the Community and Economic Development Office. Nothing herein is

intended or should be construed as bringing any claim against Ms. Anderson

personally, meaning outside the scope of her employment. This complaint does not

seek any money damages from either Ms. Anderson or from her employer the City of

Northampton.

3. The Community and Economic Development Office is a clearinghouse for

business and workforce development resources and assistance in Northampton.



4. Economic Development services offered by the Community and Economic

Development Office include:

(a) Site selection and business expansion;

(b) Business planning and financial resources;

(c) Business networks in the region;

(d) Job recruitment and job seeker resources;

e) Job training and workforce development resources;

(f) Incentives;

(g) Problem-solving;

5. Economic Development is a division of the Community and Economic

Development Office (CEDO) with a mission to create a greater presence for business

development and economic development within City government.

6. As Community and Economic Development Director, defendant Teri

Anderson works closely with the Mayor, City Council, and City Departments to create a

supportive business environment, promote business development, promote workforce

development and job creation, provide business assistance, and create opportunities for

sustainable economic growth in Northampton.

7. The mission of the Community and Economic Development Office is to

foster economic vitality, equity and opportunity, enhance housing opportunity,

affordability, and fairness, build community, support public services, and improve public

infrastructure.

8. On Tuesday, October 26, 2010, plaintiff Maria Tymoczko, acting by and

through her attorney, submitted a public records request to Teri Anderson, in care of her



attorney (e.g., the Northampton City Solicitor), a copy of which is attached hereto as

Appendix A and incorporated herein by reference.

9. On Friday, November 5, 2010, defendant Teri Anderson, acting by and

through her attorney the Northampton City Solicitor, responded to the plaintiff’s public

records request; a copy of that response is attached hereto as Appendix B and

incorporated herein by reference.

10. In her response to plaintiff’s public records request, defendant Teri

Anderson claims that “she serves as a member of the Three County Redevelopment

Board.”

11. There is in Massachusetts no corporation, limited partnership, LLC or LLP

called the “Three County Redevelopment Board.”

12. There does exist a Massachusetts nonprofit corporation named Three

County Fairgrounds Redevelopment Corporation.

13. Plaintiff Maria Tymoczko has not directed any public records request to

the Three County Redevelopment Board (assuming arguendo that there is such an

entity).

14. Plaintiff Maria Tymoczko has not directed any public records request to

the Three County Fairgrounds Redevelopment Corporation.

15. The Secretary of Commonwealth Corporations Division online record for

Three County Fairgrounds Redevelopment Corporation, as of November 11, 2010, does

not list defendant Teri Anderson as a Director of said corporation.



16. The Secretary of Commonwealth Corporations Division online record for

Three County Fairgrounds Redevelopment Corporation lists the following persons as

officers and directors of said corporation as of November 11, 2010:

President Ray DudaTreasurer Bruce ShallcrossClerk Suzanne BeckDirector Ray DudaDirector Barry RobertsDirector Frank Basile

17. Defendant Teri Anderson’s involvement with redevelopment of the Three

County Fairgrounds in Northampton has been done in her capacity as an employee of

the City of Northampton.

18. Defendant Teri Anderson has been paid by the City of Northampton for all

or a substantial part of her work concerning redevelopment of the Three County

Fairgrounds.

19. Defendant Teri Anderson has used the Northampton City Hall for her work

concerning redevelopment of the Three County Fairgrounds.

20. Defendant Teri Anderson has used the Northampton City Hall for

meetings that are part of her work concerning redevelopment of the Three County

Fairgrounds.

21. Defendant Teri Anderson has sent correspondence from the Northampton

City Hall for her work concerning redevelopment of the Three County Fairgrounds.

22. Defendant Teri Anderson has received correspondence at the

Northampton City Hall for her work concerning redevelopment of the Three County

Fairgrounds.



31. Defendant Teri Anderson has not taken sick leave for all or for any

substantial portion of her work concerning redevelopment of the Three County

Fairgrounds.

32. Defendant Teri Anderson has not taken any form of unpaid leave for all or

for any substantial portion of her work concerning redevelopment of the Three County

Fairgrounds.

33. Defendant Teri Anderson is a custodian of public records.

34. The records sought by plaintiff Maria Tymoczko’s public records request

are in the care, custody or control of defendant Teri Anderson.

35. The records sought by plaintiff Maria Tymoczko’s pubic records request

are in the care, custody or control of the City of Northampton’s Community and

Economic Development Office, of which defendant Teri Anderson is the Director.

36. The records sought by plaintiff Maria Tymoczko’s public records request at

Appendix A are public records.

37. If the position set forth in her public records response attached hereto as

Appendix B is true and correct, then defendant Teri Anderson has misappropriated

public funds and unlawfully used the Northampton City Hall for her allegedly private

work concerning redevelopment of the Three County Fairground.

First claim for relief: Ruling under G.L. c. 66, 10 & c. 4, 7, clause 26

38. Paragraphs 1 through 37 above are hereby re-alleged as though fully set

forth herein.

39. The Superior Court has jurisdiction of this claim under G.L. c. 66, § 10(b).



WHEREFORE, plaintiff Maria F. Tymoczko prays that the Court adjudicate that

the records which she has asked to inspect and copy are public records under G.L. c.

66, § 10 and c. 4, § 7, clause 26.

Second claim for relief: Equitable Relief under G.L. c. 214, § 1

40. The allegations of Paragraphs 1 through 39 above are re-alleged as

though fully set forth herein.

41. Plaintiff Maria Tymoczko asks the court to adjudicate and declare that the

records sought by her public records request are public records.

42. Plaintiff Maria Tymoczko needs equitable relief to support and supplement

such adjudication.

WHEREFORE, plaintiff Maria F. Tymoczko requests that the Court grant a

permanent injunction as the court may deem appropriate, ordering the defendant and

all others acting in concert with her to allow the requested inspection and copying of

public records, and grant such other and further declaratory and equitable relief as the

court deems just and proper, and to award her the costs of this action.

Plaintiff Maria F. Tymoczko, by her attorney, Dated November 12, 2010

________________________________ Michael Pill, Esq., BBO# 399880Green, Miles, Lipton & Fitz-Gibbon, LLC77 Pleasant Street, P.O. Box 210Northampton, MA 01061-0210Phone (413) 586-8218; FAX (413) 584-6278; email [email protected]

MP/csh/L1.976.Tymoczko



APPENDIX A: Plaintiff Maria Tymoczko’sPublic Records Request

Subject: Public records request -- Tymoczko vs. Three County Fairgrounds RedevelopmentCorporationet alFrom: [email protected]: Tue Oct 26 22:30:33 2010To: [email protected]: [email protected], [email protected]

Elaine,

Thanks for your emails below. I and my client would like to examine please all emai ls and all other correspondence sent by or received by Teri Anderson since July 1, 2010, concerning the proposedproject at the three county fairgrounds which is the subject of the land court lawsuit I commenced

yesterday.

Under the publ ic records act and regulations (G.L. c. 66, § 10, G.L. c. c. 4, § 7, c lause 26, 950CMR 32.00), the city cannot take advantage of the objections or defenses available in response toa request for production of documents under Mass.R.Civ.P. 34. Instead, G.L. c. 66, § 10 providesthat if the city asserts one of the exemptions listed in G.L. c. c. 4, § 7, clause 26, then the burden ison the c ity to prove with specifity the exemption that app lies. Anything not squarely within one of the listed exemptions is a publi c record.

In addition, the response time for a public records request if 10 days, compared to the 30 daysall owed by Mass.R.Civ.P. 34.

Once I and my client Maria Tymoczko inspect and review these documents, we will select the oneswe want copied for our use in the pend ing land court litigat ion.

Please advise Ms. Anderson that destruction or alteration of her emai ls, correspondence, notes andother records constitutes spoliat ion of evidenc e, a serious offense.

Thanks very much,Michael---Michael Pill, Esq.Green, Miles, Lipton & Fitz-Gibbon, LLP77 Pleasant Street, P.O. Box 210Northampton, MA 01061-0210Phone (413) 586-8218; FAX (413) 584-6278; email mpil [email protected]

On Oct 26, 2010, attyreall@com cast.net wrote:

Dear Michael:

Please forward all requests for information or documents to my office. I will be representing theinterests of both the ZBA and Planning Board members in this matter.

Sincerely,Elaine

Superior Court Complaint re public records Three County Fairgrounds

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