Thursday, April 11, 2019

Public Records Request on TV3 CORI WAIVER

Editorializing in a public records request:

Alicia Palmer
Public Records Access Officer
Medford Public Schools
489 Winthrop Street
Medford, MA 02155

781-393-2200

Kim Scanlon
Medford City Hall
85 Geo P Hassett Drive
Medford, MA 02155

Re: Massachusetts Public Records Request
I will re-submit this request without the editorializing for clarity


Dear Keeper of the Records:


This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of 
the following records:


1)The updated CORI Waiver form that City Solicitor Mark Rumley said was "in flux".   In past Public Records Requests we see that the long-time city solicitor is like a broken record, that city hall has no such records/documents  See previous response to this question (attached)

I submit that the City Solicitor, Mark E. Rumley is either incompetent and should be fired, or is allegedly up to no good and failing to serve the public and abide by his oath of office.  In which case he should be suspended, investigated, and let justice take its course.   I am serious as a judge about this, for too many years we have had to file appeals to records requests submitted to this office.  

My instincts as a journalist indicate that, regrettably, the latter allegation has great weight; this journalist who uncovered items about Mayor Burke and the Open Meeting Law as well as McGlynn's Uncle Gene McGillicuddy on the Housing Board of Directors, as well as the disability commission's failure to abide by the Open Meeting Law provide evidence that my suspicions are almost always correct.

If it is incompetence on Mr. Rumley's part please have the Law Department craft a more sensible Cory Waiver form (that doesn't make a producer out to be something nefarious) and send that document as a response to this request.  The most recent Cory Waiver form is what I am requesting.  

2)I request the document or documents containing the current list of members of Medford Community Media (MCM)  

3)I request the documents containing proof of Station Manager Patrick Gordon's outreach to the community in regards to educating the 60,000 plus residents of Medford on computer skills, camera, lighting and other resources that are required to be available to the public but which the City Solicitor appears to be (allegedly) thwarting, crushing civil rights in violation of his oath of office to benefit the crony politicians, allegedly, that stay in power with no term limits.

4)Documents of ALL monies received by city hall from Verizon, Comcast or any other source (sponsors, advertisers, etc.) for the past 12 months

5)Documents noting how those monies are as dispersed to P/E/G alleged "access":

a)public station

b)government channel

c)high school channel

d)payment to teachers  (Dunphy, Goldsberry and Dempsey) and which account those payment to teachers come from.  I suspect the monies for the government channel may go to the teachers, allegedly, but do not know, which is the basis for the request

e)the general fund

The public has paid millions of dollars and previous documents received from your office and/or the high school are very difficult to understand.

As Transparency is due the CITIZENS (caps intentional, of course) and transparency is lacking, despite Mr. Rumley's bad acting and histrionics, I think it is time that Medford City Hall be upfront about where these hard-earned dollars end up.   The Mayor is reticent and the Solicitor has not been trustworthy in going after Medford Community Cablevision, Inc.  Solicitor Rumley downright lied about the proposed 2009 election to the board that he sat on, Medford Community Cablevision, Inc., which is why I am being forceful with my language in this request.  In the past I have requested documents from a city lawyer, Mark Rumley, allergic to the First Amendment and allergic to doing the job that is oath of office demands he perform.   Since Rumley still controls the office, I feel that my public records requests are not being handled with the respect that they deserve.   I will file this request again without this editorializing, which is also a legitimate complaint on the city solicitor of Medford, Mark E. Rumley.

The oath is attached and this writer submits that Mr. Rumley is in conflict with that oath that he swore to uphold.  I allege and believe that Mr. Rumley is in conflict investigating a board that he sat on,allegedly misinterpreting what is and what isn't allowed at the library in regards to access TV computers, conflicted at a Medford Housing Board meeting which I was videotaping where Rumley claimed one week that Medford Housing is a separate entity, then, while I'm asking a question, Rumley attempted to limit my speech AND object as if he had some authority at Medford Housing.

These alleged misdeeds are noted because my public records requests are usually ignored or answered with contempt.  Not by you, attorney Scanlon, but by the individual who behaves like Attorney General Barr, not for the public interest, but for Donald Trump's interest.  In Mr. Rumley's case - any mayor in the corner office who acts like a dictator - McGlynn or Burke, take your pick.    I am paraphrasing Nancy Pelosi here, and the level of frustration with Rumley by the public - and they do complain to me about Rumley - is the same level that the Democrats have with AG Barr and Trump.

As a side note, Ms. Scanlon, it appears in the response to a public records request on city hall doors that the style of writing is that of an objectionable character in your office using your name, allegedly.  You may want to look into past public records request responses to see if you are being abused by a boss.  In this era of the #METOO movement an abusive boss - either the mayor or the solicitor, allegedly, may be hacking you and/or using your name and signature. It is an allegation, yes, but knowing both Ms. Muccini-Burke and Mr. Rumley as I have for the better part of a decade and a half, I am quite aware of their mutual m.o.  

Were I an attorney in that office I would file a complaint, but, alas, I've only been a paralegal and a pro se litigant.   Thus, I am contacting a government agency to see if they will further investigate these allegations against the mayor and the solicitor.

I'm not suggesting anyone is on a Harvey Weinstein or Roman Polanski or Jenna Tarabelsi sexual abuse level; what seems to be happening at city hall Medford is your garden variety commonplace abuse of authority.  Yes, this is an allegation, yet I am quite certain shenanigans are going on and we all know how many times I've been correct.

This is not humor.  I am disgusted by past misdeeds by City Solicitor Rumley and the mayor,  that we citizens have to jump through hoops to get straight answers from a city lawyer who doesn't take his oath of office seriously and a mayor who is out to lunch. Figuratively and literally.  See Oath attachment.

Happy to put this on public record in this document for anyone to request from your office.

I recognize that you may charge reasonable costs for copies, as well as for personnel time needed to comply with this request, however, as a journalist who publishes a city blog that has 1,308,988 page views as of 3 pm on Saturday, 3/30/19, and 1,336,121 page views at 9:58 am Thursday 4/11/19  I ask that any fees be waived as this is of great public interest.

The Public Records Law requires you to  provide me with a written response within 10 business days. If you  cannot comply with my request, you are statutorily required to provide  an explanation in writing.

Sincerely, 

Joe Viglione  
P.O. Box 2392
Woburn MA 01888



Medford Community Media
Waiver of Requirement for Criminal Offender Record Information


In consideration of the agreement of the undersigned to refrain completely in his capacity as a  Producer (defined below) from entering upon the Medford High School premises located at 489 Winthrop  Street, Medford, Massachusetts (the "Premises"), which are utilized by Medford Community Media ("MCM")as its principal place of business, thereby eliminating any possibility that the undersigned will  have direct and unmonitored contact with children, MCM hereby waives the requirement set forth in  Paragraph 5 of the Producer Agreement and Indemnification Form required to be completed by each  person, organization or other entity (the "Producer")that requests that MCM carry its programming (the  "Producer Agreement").   


Paragraph 5 of the Producer Agreement requires as a condition to the Producer  participating in public access offered by MCM that the Producerpermit and consent to the City of  Medford conducting a criminal background check with respect to the Producer. The undersigned  Producer agrees that all programming submitted to MCM by the Producer shall be submitted utilizing the 
United States Postal Service, any nationally recognized overnight courier service or anyother third party  delivery service, but under no circumstances shall the Producer be permitted to enter the Premises for any  purpose whatsoever, including without limitation the submission by the Producer of proposed 
programming to MCM. The Producer further agrees that while this Waiver is in effect the Producer shall  not be permitted to enter the Premises for the purpose of removing any equipment from the MCM facility  as provided in Paragraph 8 of the Producer Agreement. While this Waiver is in effect the undersigned 
shall, however, be permitted to enter Medford High School as a visitor in accordance with all of the  requirements of Medford High School that are applicable to visitors. Such right of access shall not  include that portion of the Premises occupied by MCM. The Producer shall be entitled at anytime to 
terminate this Waiver through the execution and provision to MCM of the Criminal Offender Record  Information Acknowledgement Form required by the Medford Public Schools, and subject only to the results of any such criminal offender record information search, the Producer shall thereafter be permitted  to enter upon the Premises in his capacity as a Producer. 
Signed as a sealed instrument this ____ day of October, 2017.
    MEDFORD COMMUNITY MEDIA
    By____________________________ 
    Ben Brown, Station Manager 


I hereby agree to the foregoing:

______________________________   ________
"I'm here to make sure that this TV station is the best it can be for
ourselves and for our children" Judge Marie O. Jackson-Thompson (retired)

City Solicitor Mark E. Rumley / Medford Daily Mercury on or about Nov. 16, 2008 (quoted from the 2nd Judge Jackson-Thompson hearing) saying:

“The one sentiment that I have heard that I take great exception to is that the city is trying to limit speech,” said Rumley. “The notion the city would censor or squelch free speech is baseless and as city solicitor I would find any such effort repugnant.”