Laura Crimaldi v. Boston Water & Sewer Commission (SPR 20191139)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 20, 2019 SPR19/1139 Dolores Randolph Director of Communications Boston Water and Sewer Commission 980 Harrison A venue Boston, MA 02119 Dear Ms. Randolph: I have received the petition of Laura Crimaldi of the Boston Globe appealing the response of the Boston Water and Sewer Commission (Commission/BWSC) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Crimaldi requested the following records: • records that reflect the employment status of Boston Water and Sewer Commission employees Henry Vitale, Phil Smith, Brian Lee, and Richard Sullivan; • records that reflect internal complaints BWSC employees made about racial and gender discrimination from 2012 to present, including the date of the complaint, details of the allegations, the findings of any investigation, the names of the parties in involved, and what, if any, action was taken; • records that reflect antibias and harassment training materials used by the comm1ss10n; • any invoices for antibias and harassment training services used by BWSC. Previous appeals This request was the subject of previous appeals. See SPRI8/1329 Determination of the Supervisor of Records (September 17, 2018); SPRI 8/1779 Determination of the Supervisor of Records (December 10, 2018). In my December 1o th determination I ordered the Commission to provide Ms. Crimaldi a response in a manner consistent with the order, the Public Records Law, and its Regulations. The Commission responded on March 15, 2019. Ms. Crimaldi appealed and SPRI9/1139 was opened as a result. 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

Dolores Randolph SPR19/1139 Page 2 June 20, 2019 Current appeal In my December 1o th determination I found the Commission had not met its burden to withhold responsive records under the exemptions cited; in particular, it had not identified which specific records it is withholding, nor did it provide specific reasons for the applicability of these exemptions as required by G. L. c. 66, § lO(b)(iv). I also found the Commission must provide "a detailed description of the record[s], including the names of the author and recipients, the date, the substance of such record, and the grounds upon which the attorney-client privilege is being claimed" as required by G. L. c. 66, § lOA(a). In a previous response the Commission provided a document that outlined the matters that the Commission handled or was made aware of that fall under the request. In its March 15th response the Commission provides additional information regarding its exemption claims and includes a further description of each row of the list it provided to Ms. Crimaldi. I understand that the issues surrounding the public status of these responsive records are similar to the issues raised in SPR19/515. See SPR19/515 Determination of the Supervisor of Records (March 20, 2019). On April 18, 2019 I referred SPRl 9/515 to the Office of the Attorney General for enforcement (AGO). Therefore, I decline to opine on this appeal, SPR19/1139, during the pendency of the AGO's review of SPR19/515. If appropriate, I will opine on this matter upon completion of the AGO's review. I have enclosed a copy ofmy April 18th referral letter. Sincerely, Rebecca S. Murray Supervisor of Records cc: Laura Crimaldi Enclosure

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 18, 2019 SPR19/515 The Honorable Maura T. Healey Attorney General for the Commonwealth of Massachusetts One Ashburton Place, 20th Floor Boston, MA 02108 Dear Attorney General Healey: Pursuant to G. L. c. 66, § 1O A(b ), I am hereby notifying you of the failure of the Boston Water and Sewer Commission (BWSC) to comply with an administrative order. See SPRl 9/515 Determination of the Supervisor of Records (March 20, 2019). Colman Herman requested "copies of the complete files dealing with complaints filed against employees of the Boston Water and Sewer Commission for racial and gender discrimination. This is for the period January 1, 2010 to the present" ( emphasis in original). BWSC provided a list of complaints that included certain information such as the date of the complaint, the subject matter of the complaint and BWSC's findings. BWSC cited Exemptions (c) and (e) of the Public Records Law, as well as the attorney-client privilege. G. L. c. 4, § 7(26)(c), (e). BWSC also refened to G. L. C. 66A. In my March 20th determination I found BWSC had not met its burden to withhold all responsive records in their entirety. With respect to its attorney-client privilege claim, I asserted that BWSC must provide "a detailed description of the record[s], including the names of the author and recipients, the date, the substance of such record, and the grounds upon which the attorney-client privilege is being claimed" as required by G. L. c. 66, § 1O A(a). I ordered BWSC to provide Mr. Herman a response in a manner consistent with the order, the Public Records Law, and its Regulations. BWSC responded 01! April 4, 2019 by referring to its previous responses and noting, in part, it " ... will therefore decline further production." Despite various responses from BWSC that articulate its position, I find BWSC did not comply with my March 20th order. I hereby refer SPR19/515 to your office for enforcement. Enclosed please find my order as well as a copy of other records associated with this 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

The Honorable Maura T. Healey SPRl 9/515 Page2 April 18, 2019 matter. I respectfully request that you review this matter and take whatever measures you deem necessary to ensure BWSC complies with the applicable order. Sincerely, ~~ Supervisor of Records cc: Colman Herman Dolores Randolph