Ramsay D. Steward v. Division of Occupational Licensure (SPR 20200938)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 25, 2020 SPR20/0938 Araceli Avila Ging Records Access Officer Department of Professional Licensure 1000 Washington Street Boston, MA 02118 Dear Ms. Avila Ging: I have received the petition of Ramsay Steward appealing the response of the Division of Professional Licensure (Division) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 22 2020, Ms. Steward requested: “…any available information in the form of state statutes, regulations, policies, etc. that would allow agency leadership or [the Division] to apply different standards when considering complaints against social workers in any and all of the agencies overseen by the Executive Office of Health and Human Services...” On June 11, 2020, Ms. Avila Ging informed Ms. Steward, “[y]ou sen[t] your request to [the] wrong agency. [Y]ou need to contact the Massachusetts Department of Children and Families (DCF) at: https://www.mass.gov/orgs/massachusetts-department-of-children-families.” As a result of the Division’s response, Ms. Steward petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her June 12th petition to the Supervisor, Ms. Steward indicates, “[m]y understanding was that all licensed social workers in Massachusetts are subject to the Standards of Professional Practice and Conduct (outlined in 258 CMR 20).” Ms. Steward inquired whether, “[i]f the [Division] received a complaint against the social work license of any social worker employed…are all such social work complaints…reviewed against 258 CMR 20…does the review/discipline criteria under 258 CMR 20 vary depending on which agency under the EOHHS umbrella the social worker works for?” No duty to create records Ms. Steward was advised by a Senior Attorney in the Public Records Division that under the Public Records Law, the records access officer and/or a Massachusetts 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

Araceli Avila Ging SPR20/0938 Page 2 June 25, 2020 government entity is not required to create a list of records or any record in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). There is no obligation to create a record in response to a public records request. 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In her June 25th email to this office, Ms. Steward asks about the process or procedure in the Public Records Law if a records access officer does not respond in a manner satisfactory to the requestor. Ms. Steward is advised that the process and procedure for review of public records requests is governed by the Public Records Law and the Access Regulations. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. In her June 25th email to this office, Ms. Steward clarified that she seeks, “…anything in the public record that allows complaints against the practices and conduct of licensed social workers under the EHS umbrella to be treated differentially…I do not see anything in 258 CMR 20 that indicates a complainant needs to pursue remedies within the social workers’ employing organization.” It is unclear whether the Division has any records responsive to Ms. Steward’s inquiry pertaining to a different standard of review for complaints of social workers from the Division. The Division and Ms. Stewart are encouraged to communicate further in order to assist the Division in providing any existing requested records efficiently. Conclusion Accordingly, the Division is to provide Ms. Steward with a response to her request in a manner consistent with this order, the Public Records Law and its Regulations as soon as practicable. 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: Ms. Ramsay Steward