Eileen W. Mooney v. Great Barrington, Town of - Housing Authority (SPR 20190813)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 24, 2019 SPR19/813 Karen Smith Great Barrington Housing Authority 2 Bernard Gibbons Drive Great Barrington, MA 0213 0 Dear Karen Smith: I have received the petition of Eileen Mooney appealing the response of the Great Barrington Housing Authority (Authority) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Mooney requested "a list of all employees and independent contractors hired on more than a seasonal basis by the Great Barrington Housing Authority with, for each, job title, brief description of duties, pay, benefits and number of hours worked in a typical week." Unsatisfied with the Authority's response, Ms. Mooney petitioned this office and as a result SPRl 9/813 was opened. Previous Appeal This request was the subject of a previous appeal. See SPR19/640 Determination of the Supervisor of Records (April 8, 2019). I closed SPR19/640 with the understanding that the Authority provided Ms. Mooney records responsive to her request in an email dated April 8, 2019. In their April 3th email, the Authority also states, "[t]here is no job description for the office clerk. We have one for an administrative assistat1t but that is fulfilled." 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 her letter to this office dated April 18, 2019, Ms. Mooney writes, "[t]he office clerk works for a public agency, administered by a public board that is overseen by the state 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

Karen Smith SPR19/813 Page 2 April 24, 2019 Department of Housing and Community Development, which helps fund it. When she was hired, she presumably was told what she was expected to do in exchange for her hourly pay. That office clerk therefore has assigned tasks, some of which have been referred to in meetings of the public board. Those assigned tasks constitute a job description. I am requesting a copy of those assigned tasks, also referred to as a job description." In a response dated April 23, 2019, the Authority expressed, "[t]here is no job description for the office clerk as it is a temporary position. Ms. Mooney was provided a job description for the administrative assistant." In a follow up email dated April 23rd, Ms. Mooney writes, "[a]t the Great Barrington Housing Authority meeting April 17, the chairman announced that the present clerk has resigned, effective May 14. That position presumably will be advertised and then filled. I wish to amend my request to include the job description for that position, as well as for the present clerk's." Ms. Mooney further adds, "I want to emphasize that a job description must exist. How else can the position be advertised and applicants told what tasks will be expected of them? How can the person hired be evaluated if there is no information about what tasks are expected and what responsibilities the person has? Please let me know if you do not have the chairman's email saying there is no job description." The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). In light of the issues raised in Ms. Mooney's appeal regarding the existence of responsive records, the Authority must explain whether responsive records existed and were destroyed, or whether the records did not initially exist. See G. L. c. 66, § 10(a )(ii), (b )(ii). Conclusion Accordingly, the Authority is ordered to provide Ms. Mooney with a response provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Eileen Mooney Collin Boyle