Janine Brummer v. Massachusetts Service Employees International Union (SEIU) Local 509 (SPR 20220771)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 13, 2022 SPR22/0771 Lucy Lugo, Director Massachusetts Service Employees International Union (SEIU) Local 509 293 Boston Post Road Marlborough, MA 01752 Dear Director Lugo: I have received the petition of Janine Brummer appealing the response of the Massachusetts Service Employees International Union (SEIU) Local 509 (Union) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 21, 2021 and again on March 3, 2022, Ms. Brummer requested all documents regarding “… any supervisory comments, notes, disciplinary actions, as well as any contacts between SEIU and the Department of Labor Relations.” The Union responded on April 8, 2022. Unsatisfied with the response, Ms. Brummer petitioned this office and this appeal, SPR22/0771, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). 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

Lucy Lugo SPR22/0771 Page 2 April 13, 2022 Please note that the Massachusetts Public Records Law applies only to records created or received by a state or local government entity. See 950 C.M.R. 32.02. Please be advised that records in the custody of the Union are outside the jurisdiction of the Public Records Law as it is not a governmental entity. Therefore, I am unable to assist you in this matter. Accordingly, this administrative appeal is closed. Sincerely, , ' - . _,. __ · - ~ Rebecca S. Murray Supervisor of Records cc: Janine Brummer .