Janine Brummer v. Department of Children and Families (SPR 20220768)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 12, 2022 SPR22/0768 Steven S. Treat, Esq. Assistant General Counsel Department of Children and Families Office of the General Counsel 600 Washington Street, 6th Floor Boston, MA 02111 Dear Attorney Treat: I have received the petition of Janine Brummer appealing the response of the Department of Children and Families (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 3, 2022, Ms. Brummer requested: “any and all records that the [Department’s] Regional Office has regarding me. These records should include any supervisory comments, disciplinary actions, as well as any contacts between the Regional office staff and Lynn office staff and Lowell office staff.” On March 21, 2022, the Department provided a response, including providing Ms. Brummer with her personnel file. In its response the Department indicates, “[p]lease be advised, personnel files are exempt from public records disclosure under G. L. c. 4, § 7(26)(c); however, you have a unique right of access to your own files by statutory, regulatory, judicial, or other means. Therefore, in response to your request, [the Department] provides the enclosed records (547 pages).” As a result of the response, on March 29, 2022, Ms. Brummer petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her petition, Ms. Brummer asserts that she has many records pertaining to her employment that were not provided. Purpose of the request; identity of requestor Ms. Brummer is advised, the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 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

Steven S. Treat, Esq. SPR22/0768 Page 2 April 12, 2022 (1976). Accordingly, Ms. Brummer’s purpose in making the request has no bearing on the public status of any existing responsive records. On April 11, 2022, the Department indicated that it would provide a supplemental response. Conclusion Accordingly, the Department is ordered to provide Ms. Brummer 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. Sincerely, .n. A~~~ - ~0 ,cw«C(}. - . Rebecca S. Murray Supervisor of Records cc: Janine Brummer