Ariel Mercado v. Worcester Regional Transit Authority (SPR 20180140)

The Co~nlnonwealtho f Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 15,201 8 SPR181140 Michele E. Randazzo, Esq. KP Law 10 1 Arch Street Boston, MA 02 1 10 Dear Attorney Randazzo: I have received the petition of Ariel Mercado appealing the response of the Worcester Regional Transit Authority (Authority) to a request for public records. G. L. c. 66, 5 10A; see 950 C.M.R. 32.08(1). Specifically, Mr. Mercado requested all documents beginning from January 9,20 17 to June 23,20 17, regarding incidents involving disciplinary actions of employees, including any recordings, notes of minutes pertaining to an identified investigation conducted regarding several employee incidents, as well as the number of employees and their disciplinary results that may have occurred pertaining to a variety of disciplinary infractions. Previous appeal The requested records were the subject of a previous appeal. SPR1711701 Determination of the Supervisor of Records (Supervisor) (December 19,201 7). Where the previous appeal, SPR171170 1, was opened due to a non-response by the Authority, I closed SPR1711701 with the proviso that the Authority provide a response to Mr. Mercado. The Authority provided Mr. Mercado with a January 2,201 8 response. Current appeal In the process of reviewing this appeal, this office learned that Mr. Mercado filed employment discrimination actions against his employer, Central Mass Transit Management, Inc. (CMTM) and the Authority with the Massachusetts Commission Against Discrimination (MCAD) and the federal Equal Opportunity Commission-Housing and Urban Development (HUD). See Ariel Mercado v. Central Massachusetts Transit Management, Inc. and Worcester Regional Transit Authoritv, (MCAD Docket Nos. 17WEM00702; 17WEM00940 and EEOCKUD Docket Nos. 16C-2017-01045; 16C-2017-01229). 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

Michele E. Randazzo, Esq. Page 2 February 15,2018 Whereas the public records in question are the subject of a dispute involved in these active legal actions, I decline to opine on this matter. 950 C.M.R. 32.08(2)(b) (the Supervisor may deny an appeal if, in the opinion of the Supervisor, "the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation"). It should be noted that a change in the status of these actions could impact the applicability of 950 C.M.R. 32.08(2)(b). Accordingly, this appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Ariel Mercado Rebecca Wilson, Esq., Peabody & Arnold