Open Commonwealth v. Division of Administrative Law Appeals (SPR 20220585)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 18, 2022 SPR22/0585 Edward McGrath, Esq. Chief Administrative Magistrate Division of Administrative Law Appeals 1 Congress Street, 11th Floor Boston, MA 02114 Dear Chief Magistrate McGrath: I have received the petition of Commonwealth Transparency appealing the response of the Division of Administrative Law Appeals (Division) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 7, 2021, Commonwealth Transparency requested, “any and all electronic mail and/or text messages between the BSEA (inclusive of all BSEA employees, administration, and contractors) and anyone at [a certain] email domain [for the time period of January 1, 2019 to October 7, 2021].” Previous Appeals The records sought by Commonwealth Transparency have been the subject of previous appeals. See SPR22/0378 Supervisor of Records Determination (February 24, 2022); SPR22/0308 Supervisor of Records Determination (February 11, 2022). In SPR22/0378, I asked the Division to demonstrate whether it provided a timely response to Commonwealth Transparency’s request that is compliant with the requirements under G.L. c. 66, § 10(b). The Division provided a response to Commonwealth Transparency on March 4, 2022 stating that the Division would release documents on a rolling basis. Unsatisfied with the substantive nature of the first production of records from the Division, Commonwealth Transparency petitioned this office and this appeal, SPR22/0585, was opened as a result. Subsequently, on March 14, 2022, the Division provided a supplemental response. Given that this appeal was based on a prior response, I will consider this administrative appeal closed. Commonwealth Transparency may appeal the substantive nature of the Division’s March 14th 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

Edward McGrath, Esq. SPR22/0585 Page 2 March 18, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Commonwealth Transparency