Thomas Grover v. Department of Youth Services (SPR 20220196)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 31, 2022 SPR22/0196 Cecely Reardon Acting Commissioner Department of Youth Services 600 Washington Street Boston, MA 02111 Dear Commissioner Reardon: I have received the petition of Thomas Grover appealing the response of the Department of Youth Services (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 3, 2022, Mr. Grover requested: 1. For each fiscal year from FY2011-FY2021, copies of each invoice, or functionally equivalent document, that the Department of Youth Service prepared and/or filed with other department(s) of the Commonwealth to gain access to funds appropriated for DYS’ use in that fiscal year in Line Item 4200-0500[;] 2. For each fiscal year from FY2011-FY2021, any documents that indicate or inform the reader as to how much money appropriated under Line Item 4200- 0500 for that fiscal year that DYS did not spend[;] 3. Any documents, created as part of DYS’ normal operations from FY2011- FY2021 which discuss, in any way, what uses DYS can properly make of funds appropriated under Line Item 4200-500[, and;] 4. Any documents created as part of DYS’ normal operations from FY2011- FY2021 potential uses for funds appropriated in Line Item 4200-0500 that would be inappropriate or violated the provisions of Line Item 4200-0500. On January 11, 2022, the Department provided a response indicating that the Department would be withholding responsive records pursuant in part to Exemption (f) of the Public Records Law. G. L. c. 4, § 7(26)(f). Unsatisfied with the Department’s response, Mr. Grover petitioned this office and this appeal, SPR22/0196, 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

Cecely Reardon SPR22/0196 Page 2 January 31, 2022 Pending 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: The public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office was informed that a complaint relating to the requested records was filed in Worcester County Superior Court on August 3, 2021. See Paul C. Nordberg as Relator vs. Peter Forbes Commissioner of the Department of Youth Services et al, (Docket No. 2185CV00846). In light of the complaint filed on August 3rd, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Thomas Grover