Mason Woolley v. Massachusetts Commission Against Discrimination (SPR 20190495)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 19, 2019 SPR19/495 Theresa Lepore Massachusetts Commission Against Discrimination One Ashburton Place, Room 601 Boston, MA 02108 Dear Theresa Lepore: I have received the petition of Mason Woolley appealing the response of the Massachusetts Commission Against Discrimination (Commission) to a request for public records. G. L. c. 66, § 1O A; See also 950 C.M.R. 32.08(1 ). Specifically, Mr. Woolley requested various categories of records concerning the Commission's communications with the "University of Massachusetts." The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Current Appeal In a letter to this office dated March 13, 2019, the Commission states, "we are in the process of gathering further documentation requested by Mr. Woolley." The Commission additionally notes, "Mr. Woolley is entitled to have access, as a matter of course, to his own investigative files ( except for any privileged documents described above). The only documents subject to appeal would be the complaint and investigative disposition, which Mr. Woolley has already been given in response to his request." In an email to this office and the Commission dated March 13, 2019, Mr. Woolley writes, "I did receive a response from the RAO saying they were conducting a search for my records. I appreciate this and the regulations and law is clear that I am entitled to the records, even if there 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

Theresa Lepore SPR19/495 Page2 March 19, 2019 is question ifl could appeal it or not, which I have not looked further into at this time." He further adds, "[g]iven that MCAD has expressed intention to fulfill the request, then I would agree to once those records are fulfilled to withdrawing the request to file [an] appeal with secretary of state." Conclusion In light of the Commission's March 13th letter, as well as Mr. Woolley's communication with this office, this office encourages the Commission and Mr. Woolley to communicate further to enable the Commission to provide the requested records. If unresolved issues remain, Mr. Woolley may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~y~ Supervisor of Records cc: Mason Woolley