Samantha Mercado v. Massachusetts Commission Against Discrimination (SPR 20210154)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 4, 2021 SPR21/0154 Theresa A. Lepore Records Access Officer Massachusetts Commission Against Discrimination One Ashburton Place, Room 601 Boston, MA 02108-1524 Dear Ms. Lepore: I have received the petition of Samantha Mercado of the Hamilton-Wenham Patch appealing the response of the Massachusetts Commission Against Discrimination (MCAD) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Mercado requested “. . . all records of a complaint filed in December against the Town of Wenham and [an identified person].” In MCAD’s January 22, 2021 response, you informed Ms. Mercado that, “[a] search of our database did not reveal any case fitting that description that has received an investigation disposition, a necessary procedural step before complaint information is available to the public pursuant to 804 C.M.R. 1.21(1)(a), (b) (2020) and G. L c. 4, § 7(26)(f). . . .” As a result of MCAD’s January 22nd response, Ms. Mercado petitioned the Supervisor of Records (Supervisor), and this appeal was opened. After this appeal was opened, a representative from MCAD contacted this office and indicated to a Senior Attorney in this office that a further response will be provided to Ms. Mercado regarding her request. Conclusion Accordingly, MCAD is to provide Ms. Mercado with said response to the request, 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. Ms. Mercado may appeal the substantive nature of MCAD’s response within ninety days. See 950 C.M.R. 32.08(1). 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 A. Lepore SPR21/0154 Page 2 February 4, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Samantha Mercado, Hamilton-Wenham Patch