Herman, Colman v. Office of the Attorney General - Non-Profit Organizations/Public Charities Division (SPR 20140388)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 6, 2014 SPR14/388 Ms. Lorraine A. G. Tarrow, Esq. Office of the Attorney General One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Colman M. Herman appealing the response of the Office ofthe Attorney General (AGO) to his June 11, 2014 request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2) (explaining appeals process). Specifically, Mr. Herman requested copies of particular communications between Brad Puffer, AGO Director of Communications and any other employee of the AGO. The AGO provided previous responses regarding this request, and continues to claim Exemption (d) to withhold any remaining records that may be responsive to his request. Exemption (d) Exemption (d) is intended to avoid premature release of materials that could taint the deliberative process if disclosed. Its application is limited to recommendations on legal and policy matters found within an ongoing deliberative process. Babets v. Secretary of the Executive Office ofHuman Services, 403 Mass. 230, 237 n.8 (1988). Factual reports which are reasonably complete and inferences which are drawn from factual investigations, even if labeled as opinions or conclusions, are not exempt as deliberative or policy making materials. G. L. c. 4, § 7(26)(d); see also Environmental Protection Agency v. Mink, 410 U.S. 73, 89 (1973) (Purely factual matters used in the development of government policy are always subject to disclosure). In a telephone conversation with an attorney on my staff, you explained that disclosure would jeopardize the AGO's current and future law enforcement efforts. You further explained that disclosure of the records could reveal how the AGO deliberates on matters that come before OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Lorraine A. G. Tarrow, Esq. SPR14/388 Page Two October 6, 2014 the office, and whether to pursue a particular investigation. In a conversation with me on October 3, 2014 you confirmed that the AGO's position has not changed. I find that the AGO is permitted to withhold records responsive to Mr. Herman's request pursuant to Exemption (d). Accordingly, this administrative appeal is now closed. In the event a request for reconsideration is honored by this office an acknowledgment will be provided to all parties, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date of this letter will not be considered. s Supervisor of Records cc: Mr. Colman M. Herman