SECRETARY OF THE COMMONWEALTH SAYS THE TOWN OF HINGHAM HAS NOT
MET THE BURDEN OF PROOF FOR STATUTORY EXEMPTIONS TO WITHHOLD PUBLIC
RECORDS IN A RETALIATORY INVESTATION INTO FIREFIGHTERS

September 16, 2020 / Hingham, Massachusetts

FOR IMMEDIATE RELEASE

In a letter to the Town of Hingham, the Commonwealth of Massachusetts Public Records Division
concluded that the town failed to meet the burden of proof to withhold public records requested by a resident
concerning the town’s investigation into the actions Hingham Firefighters. “This is nothing more than
another attempt to obstruct the release of public records, and the truth, by town officials who use our tax
dollars to conduct secret investigations,” said Dan Nardo, a Hingham resident with several open appeals to
the Public Records Division over Hingham’s decisions.
In July, Hingham became embroiled in controversy when Fire Chief Steve Murphy and then-Police Chief
Glenn Olsson issued an order to remove thin blue line flags from Hingham Fire trucks that flew to honor
the life, service, and sacrifice of fallen Weymouth Police Sergeant Michael Chesna. Although many
appealed to the town in support of flying the flag, the Board of Selectman unanimously voted to uphold the
order.
Following the abrupt retirement of the Police Chief shortly after issuing the order, the Hingham Firefighters
Union filed a motion of no confidence against Fire Chief Steve Murphy. In retaliation, Hingham’s Board
of Selectmen voted to launch a private investigation lead by Regina Ryan of Harassment and Discrimination
Solutions, LLC, into firefighters, including a decorated Captain, for insubordination, failure to comply with
an order, and conduct unbecoming, a source close to the matter said.
In a letter to Nardo on August 31st, Assistant Town Administrator Michelle Monsegur cited “Exemption F”
under the state’s public records law, which allows records custodians to withhold public records that are
directly related to an active law enforcement investigation where the release of records would not be in the
public interest. “Ms. Ryan is neither a law enforcement official nor a licensed private investigator and the
release of these records would, to the contrary, be of great interest to the public,” said Nardo, who claims
the Town of Hingham has a long history of using public funds to conduct behind the scenes investigations
that coverup wrongdoing and exert pressure on those who do not agree with the town’s position.
“This is only the tip of the ice burg,” Nardo went on to say, “We must demand transparency, accountability,
and responsibility from our elected and appointed officials.”

Contact:
Daniel J. Nardo
Nardo & Associates, a strategic communications firm
Tel: 617-378-7948 Email: dnardo@nardoassociates.com

 DANIEL J. NARDO

POST OFFICE BOX 216
HINGHAM, MASSACHUSETTS 02043-0216
______________________________
TEL: 617 378 7948
EMAIL: DNARDO@NARDOASSOCIATES.COM

September 1, 2020

Delivered via electronic mail to Rebecca.murray@sec.state.ma.us and pre@sec.state.ma.us
Rebecca S. Murray, Supervisor of Records
The Commonwealth of Massachusetts
Public Records Division
One Ashburton Place, Room 1719
Boston, Massachusetts 02108
Re:

Public Records Request Dated August 12, 2020, to Town of Hingham

Dear Ms. Murray:
On August 12, 2020, I submitted a Public Requests Request to the Town of Hingham, in accordance with

G. L. c. 66, § 10A and 950 C.M.R.32.08(1), for three categories of records concerning the Hingham
Fire Department. I am satisfied with the Town of Hingham’s response to category one and category
two.
In category three, I requested “any and all contracts, agreements, reports, documents, and financial
records concerning the Town of Hingham’s work with Ms. Regina Ryan and/or Discrimination
and Harassment Solutions in relation to the Hingham Fire Department or Hingham Firefighters
Local 2398 since January 1, 2020.” Category three concerns documents that prove the abuse of
public financial resources. The Hingham Board of Selectmen have launched a politically motivated
and retaliatory inquiry in to three firefighters concerning the display of a flag on a fire truck that
flew to honor fallen Weymouth Police Sergeant Michael Chesna.
The Town of Hingham seeks to withhold the response to category three under G.L. c.4 §7(26)(f),
citing, “the Town of Hingham considers this matter under investigation by Ms. Ryan until further
notice and all documents relating to this matter are being withheld.”
The Town of Hingham has failed to meet the burden of proof to withhold these records. G.L. c.4
§7(26)(f) defines a category of public records, which are, “investigatory materials necessarily
compiled out of the public view by law enforcement or other investigatory officials the disclosure
of which materials would probably so prejudice the possibility of effective law enforcement that
such disclosure would not be in the public interest.” Ms. Ryan is not a law enforcement or other
investigatory official and the disclosure of the requested materials would not so prejudice the
possibility of effective law enforcement, since the investigation is not being conducted by law
enforcement and is not criminal in nature. Moreover, the disclosure would be in the public interest.
As taxpayers, we have a right to know how our tax dollars are being spent, and for what reason.

 DANIEL J. NARDO

Ms. Rebecca S. Murray
Re: Public Records Request Dated August 12, 2020, to Town of Hingham
September 1, 2020
Page 2

As you know, The Public Records Law strongly favors disclosure by creating a presumption that
all government records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public
records” is broadly defined to include all documentary materials or data, regardless of physical
form or characteristics, made or received by any officer or employee of any town of the
Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Since the public
records I have requested do not fall under a statutory exemption, I ask that you order the Town of
Hingham to release the records immediately

Sincerely,

Daniel J. Nardo

Enc: (1) August 12, 2020, PRR to Town of Hingham

Cc: T. Mayo, Hingham Town Administrator
M. Monsegur, Hingham Assistant Town Administrator
E. McCracken, Hingham Town Clerk, and RAO

 TOWN OF HINGHAM
OFFICE OF THE SELECTMEN
Mary M. Power, Chair
Joseph M. Fisher
William C. Ramsey

Tom Mayo, Town Administrator
Michelle Monsegur,
Assistant Town Administrator

August 31, 2020
Daniel J. Nardo
P.O. Box 216
Hingham, MA 02043
Via email: dnardo@nardoassociates.com
RE:

Public Records Request Received on August 17, 2020

Dear Mr. Nardo:
I am writing in response to your public records request received on August 17, 2020 (see attached copy
for reference). In your letter, you requested the following documents:
1. “Any and all documents or correspondence concerning a Hingham Firefighters Local 2398 Vote of
No Confidence on Chief Murphy;
2. Any and all documents or correspondence concerning safety concerns brought to the Town of
Hingham’s attention by Hingham Firefighters Local 2398 since January 1, 2020;
3. Any and all contracts, agreements, reports, documents, and financial records concerning the
Town of Hingham’s work with Regina Ryan and/or Discrimination and Harassments Solutions, LLC
in relation to the Hingham Fire Department or Hingham Firefighters Local 2398 since January 1,
2020.”
Please see the enclosed records located by the Town in response to item #1 above.
Regarding item #2, an initial search of all electronic communications from January 1, 2020 to the date of
your request containing the word “safety” returned over 39,000 results. The Town is writing to request
that you consider modifying the scope of your request to enable the Town to produce the requested
records more efficiently and affordably. We can then provide a reasonable estimate of the staff time
required to search for and compile responsive documents, along with an estimate of the fee associated
with producing the requested records.
Regarding item #3, the Town of Hingham considers this matter under investigation by Ms. Ryan until
further notice and all documents relating to this matter are being withheld under M.G.L. c. 4, § 7(26)(f).
To the extent that any of the requested records qualify for an exemption from the public records law
under M.G.L. c. 4, § 7(26)(c) and (f) and all other applicable exemptions (including but not limited to the

 attorney client/work product privilege), the Town reserves the right to redact and/or withhold those
records.
You are hereby advised of your remedies under 950 CMR 32.08 and M.G.L. c. 66, § 10(b)(ix) to the extent
applicable.
Sincerely,
_____________________________
Michelle Monsegur
Assistant Town Administrator
cc: Eileen McCracken, Town Clerk and RAO

 DANIEL J. NARDO
POST OFFICE BOX 216
HINGHAM, MASSACHUSETTS 02043-0216
______________________________
TEL: 617 378 7948
EMAIL: DNARDO@NARDOASSOCIATES.COM

August 12, 2020
Delivered via Electronic Mail to mayot@hingham-ma.gov

Tom Mayo
Town Administrator
Town of Hingham
210 Central Street
Hingham, Massachusetts 02043
RE:

PUBLIC RECORDS REQUEST: Hingham Fire Department

Dear Mr. Mayo:
In accordance with Massachusetts Public Records Law, MGL Ch. 66 § 10, please provide me with a copy of the
following records as soon as possible:
1. Any and all documents or correspondence concerning a Hingham Firefighters Local 2398 Vote of No
Confidence on Chief Murphy;
2. Any and all documents or correspondence concerning safety concerns brought to the Town of
Hingham’s attention by Hingham Firefighters Local 2398 since January 1, 2020;
3. Any and all contracts, agreements, reports, documents, and financial records concerning the Town of
Hingham’s work with Regina Ryan and/or Discrimination and Harassments Solutions, LLC in relation
to the Hingham Fire Department or Hingham Firefighters Local 2398 since January 1, 2020.
I recognize you may charge a reasonable cost for copies; I will remit payment promptly.
Massachusetts Public Records law requires you to provide me with a written response withing ten business days.
If for some odd reason you cannot comply with my request, you are statutorily required to provide me with an
explanation in writing.
Considering the COVID-19 Pandemic, please communicate regarding my request via electronic mail to
dnardo@nardoassociates.com.

Yours truly,

Daniel J. Nardo

 The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Public Records Division
Rebecca S. Murray
Supervisor of Records

September 16, 2020
SPR20/1541
Michelle Monsegur
Assistant Town Administrator
Town of Hingham
210 Central Street
Hingham, MA 02043
Dear Ms. Monsegur:
I have received the petition of Daniel J. Nardo appealing the response of the Town of
Hingham (the Town) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R.
32.08(1). Specifically, Mr. Nardo requested several categories of records pertaining to Hingham
Firefighters Local 23988, including “any and all contracts, agreements, reports, documents, and
financial records concerning the Town of Hingham’s work with Ms. Regina Ryan and/or
Discrimination and Harassment Solutions in relation to the Hingham Fire Department or
Hingham Firefighters Local 2398 since January 1, 2020.”
The Town responded to Mr. Nardo on August 31, 2020, providing records responsive to
portions of the request, and withholding others pursuant to Exemption (f) of the Public Records
Law. Unsatisfied with the Town’s response, Mr. Nardo petitioned this office and this appeal,
SPR20/1541, was opened as a result.
The Public Records Law
The Public Records Law strongly favors disclosure by creating a presumption that all
governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public
records” is broadly defined to include all documentary materials or data, regardless of physical
form or characteristics, made or received by any officer or employee of any town of the
Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26).
It is the burden of the records custodian to demonstrate the application of an exemption in
order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist.
Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of
establishing the applicability of an exemption). To meet the specificity requirement a custodian

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914
sec.state.ma.us/pre • pre@sec.state.ma.us

 Michelle Monsegur
Page 2
September 16, 2020

SPR20/1541

must not only cite an exemption, but must also state why the exemption applies to the withheld
or redacted portion of the responsive record.
Current Appeal
In its August 31st response, the Town claims Exemption (f) of the Public Records Law to
withhold responsive records from disclosure.
Exemption (f)
Exemption (f) permits the withholding of:
investigatory materials necessarily compiled out of the public view by law
enforcement or other investigatory officials the disclosure of which materials
would probably so prejudice the possibility of effective law enforcement that such
disclosure would not be in the public interest
G. L. c. 4, § 7(26)(f).
A custodian of records generally must demonstrate a prejudice to investigative efforts in
order to withhold requested records. Information relating to an ongoing investigation may be
withheld if disclosure could alert suspects to the activities of investigative officials. Confidential
investigative techniques may also be withheld indefinitely if disclosure is deemed to be
prejudicial to future law enforcement activities. Bougas v. Chief of Police of Lexington, 371
Mass 59, 62 (1976). Redactions may be appropriate where they serve to preserve the anonymity
of voluntary witnesses. Antell v. Attorney Gen., 52 Mass. App. Ct. 244, 248 (2001); Reinstein v.
Police Comm’r of Boston, 378 Mass. 281, 290 n.18 (1979). Exemption (f) invites a “case-bycase consideration” of whether disclosure “would probably so prejudice the possibility of
effective law enforcement that such disclosure would not be in the public interest.” See
Reinstein, 378 Mass. at 289-90.
In its response, the Town states that it “considers this matter under investigation by Ms.
Ryan until further notice and all documents relating to this matter are being withheld under M.G.
L. c. 4, § 7(26)(f).”
Burden of specificity in claiming exemptions; identifying records
Based on the Town’s response, it is unclear what records are within its possession. To
deny access to a record under the Public Records Law, a records access officer must identify the
record, categories of records, or portions of the record it intends to withhold. See G. L. c. 66, §
10(b)(iv) (a written response must “identify any records, categories of records or portions of
records that the agency or municipality intends to withhold, and provide the specific reasons for
such withholding, including the specific exemption or exemptions upon which the withholding is
based . . .”).

 Michelle Monsegur
Page 3
September 16, 2020

SPR20/1541

Further, although the Town states that it “considers this matter under investigation” it is
unclear how producing these records, or segregable portions thereof, “would probably so
prejudice the possibility of effective law enforcement that such disclosure would not be in the
public interest” as required to withhold records under Exemption (f). See Reinstein v. Police
Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly
construed and are not blanket in nature). Any non-exempt, segregable portion of a public record
is subject to mandatory disclosure. G. L. c. 66, § 10(a). As a result, I find the Town has not met
its burden of explaining with specificity how the records, in their entirety, are exempt from
disclosure. The Town must provide further information regarding this matter.
Conclusion
Accordingly, the Town is ordered to provide a response to Mr. Nardo, provided in a
manner consistent with this order, the Public Records Law and its Regulations within ten
business days. A copy of any such response must be provided to this office. It is preferable to
send an electronic copy of this response to this office at pre@sec.state.ma.us.

Sincerely,

Rebecca S. Murray
Supervisor of Records
cc: Daniel J. Nardo