Munro-Delotto, Esq., Paige v. Office of the Bristol County Sheriff (SPR 20150598)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 7, 2015 SPRlS/598 Ms. Lorraine J. Rousseau, Esq. Office of the Bristol County Sheriff 400 Faunce Corner Road North Dartmouth, MA 02747 Dear Attorney Rousseau: I have received the petition of Paige Munro Ph.D., Esq. appealing the response of Office of the Bristol County Sheriff (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Munro requested copies ofrecords related to a specifically identified former Department employee. This matter was the subject of a prior appeal from this office. See SPRl 5/103 Determination of the Supervisor of Records (April 15, 2015). In that determination I ordered the Department to provide more specificity to support its exemption claims in denying access to government records. In a letter dated June 8, 2015 you provided a lengthy response, along with a custodial index of records. In response, Attorney Munro appealed; in this appeal she stated that she represents the person who is the subject of the records she seeks. Attorney Munro's client may be able to seek access to records that are part of a personnel file. A person is statutorily entitled to inspect one's own personnel file, and may do so by contacting the employer directly. See G. L. c. 149, § 52C (any employer receiving a written request from an employee shall provide the employee with an opportunity to review his personnel record within five business days of such request). This manner of receiving the records may be preferable because exempt records will remain confidential, whereas records determined to be public through a request for public records will be made available for anyone to view. Please note that this office does not have enforcement power for records requested by employees pursuant to the personnel records law. See G. L. c. 149, § 52C (This section shall be enforced by the attorney general). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Lorraine J. Rousseau, Esq. SPR15/598 Page Two December 7, 2015 Accordingly, the Department is hereby ordered to provide a written response to Attorney Munro within ten (10) days to determine what portions of the responsive records would be available to Attorney Munro's client, a former Department employ e. lurs, cc: Ms. Paige Munro, Ph.D., Esq.