Ronald Gardner v. Department of Correction - Legal Division (SPR 20220049)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 25, 2022 SPR22/0049 Kate Silvia Primary Records Access Officer Director of Public Records Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Ronald Gardner appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 5, 2021, Mr. Gardner requested the following records for January 1, 2021 to present: [1] copy of the names and titles of all personal [sic] assigned to the review committee in the Department who were assigned to review all religious/medical exemptions which were submitted by state workers in order to comply with Governor … Executive Order 595. [2] All training records of the above assigned personal [sic], specifically trainings involved with “judging a person’s sincerely held beliefs,” religious exemptions and ADA accommodations. [3] All qualifications of those assigned to the committee to determine religious/ medical exemptions. [4] The objective criteria which were used to determine such approval for religious/medical exemptions. [5] The total number of religious/medical exemptions submitted and the outcomes (approval/denial). [6] All correspondence … and information of [Department] … staff pertaining to religious/medical exemptions and EO 595. Previous appeal This request was the subject of a previous appeal. See SPR21/3190 Determination of the 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

Kate Silvia, RAO SPR22/0049 Page 2 January 25, 2022 Supervisor of Records (December 20, 2021). The Department provided a response on January 6, 2021. Unsatisfied with the Department’s response, Mr. Gardner petitioned this office and this appeal, SPR22/0049, was opened as a result. Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has been made aware that the requested records are at issue in active litigation. Conclusion In light of the ongoing pending litigation, I decline to opine on this matter at this time. See 950 CMR 32.08(2)(b). Accordingly, this administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Ronald Gardner