Herman, Colman v. The Executive Office of the Governor (SPR 20150736)

The Commonwealth ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 20, 2015 SPRlS/736 Ms. Cathy M. Judd-Stein, Esq. Deputy Chief Legal Counsel Office ofthe Governor State House, Room 271 Boston, MA 02133 Dear Attorney Judd-Stein: I have received the petition of Colman Herman appealing the response ofthe Office of the Governor (Office) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested copies of any and all communications in the Office with regard to comments Governor Baker made about the Confederate flag. In your response dated July 3, 2015, you denied his request, stating that the responsive records are being withheld "consistent with the public records law as interpreted by the Supreme Judicial Court and the Secretary ofthe Commonwealth." The Supreme Judicial Court has found that the Governor, like the Legislature and Judiciary, is not "expressly included" in the list of instrumentalities identified in G. L. c. 4, § 7 (26). Lambert v. Executive Dir. of the Judicial Nominating Council, 425 Mass. 406, 409 (1997). As such, Governor's records are not public records subject to disclosure under the Public Records Law. Id. Whereas the Supreme Judicial Court held that records of the Governor are not public records, I will consider this administrative appeal closedtr . uly ours, v ervisor of Records cc: Mr. Colman Herman OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre