Commonwealth Transparency v. Division of Administrative Law Appeals (SPR 20221400)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 29, 2022 SPR22/1400 Edward B. McGrath, Esq. Chief Administrative Magistrate Division of Administrative Law Appeals 14 Summer Street, 4th Floor Malden, MA 02148 Dear Attorney 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 May 4, 2022, Commonwealth Transparency requested, for a specified time period, “any and all text messages between the BSEA [Bureau of Special Education] (inclusive of all BSEA employees, administration and contractors) and anyone who currently works or has worked at the law firm Murphy Hesse, Toomey and Lehane, llp (A.K.A. MHTL).” This request was the subject of a previous appeal. See SPR22/1146 Determination of the Supervisor of Records (May 31, 2022). In my May 31st determination, I ordered the Division to identify the records in its possession responsive to the request, and to provide specific reasons for withholding any records. Subsequently, the Division responded on June 14, 2022, providing numerous records in redacted form. Unsatisfied with the Division’s response, and claiming the Division possessed additional responsive records, Commonwealth Transparency appealed, and this case was opened as a result. Subsequent to the opening of this appeal, I learned that the Division provided a supplemental response by email to Commonwealth Transparency and this office on June 22, 2022, including additional responsive records. As this appeal was opened based on the Division’s June 14th response, I will now consider this administrative appeal closed. Commonwealth Transparency may further appeal the substantive nature of the Division’s June 22nd response within ninety (90) 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 B. McGrath, Esq. SPR22/1400 Page 2 June 29, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Commonwealth Transparency