Deanna Connolly v. Human Resources Division (SPR 20221693)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 28, 2022 SPR22/1693 Michele M. Heffernan, Esq. General Counsel Human Resources Division 100 Cambridge Street, Suite 600 Boston, MA 02114 Dear Attorney Heffernan: I have received the petition of Deanna Connolly appealing the response of the Human Resources Division (Division) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 14, 2022, Ms. Connolly requested the following records: [1] Current total numbers of employees at the Massachusetts State Police [Department] (including sworn members, civilians, and any/all others working for the [D]epartment who were subject to Executive Order #595); [2] Current number of vaccinated* employees at [the Department]*; [3] Current number of un-vaccinated* employees at [the Department]; [4] Number of employees at [the Department] granted religious exemptions for vaccination*; and [5] Number of employees at [the Department] granted medical exemptions for vaccination*. *Refers to Covid-19 vaccination as described within Executive Order #595. Ms. Connolly states in her request that she is requesting simple numbers and no personal or identifying information regarding individual employees and their vaccination status. On July 21, 2022, the Division provided a response, including responsive records. After receiving the records, on July 22, 2022, Ms. Connolly petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In her July 22nd petition, Ms. Connolly asserted, “I believe that I was not provided all the records requested, but also noticed potential inaccuracies in the records I was provided…” 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

Michele M. Heffernan, Esq. SPR22/1693 Page 2 July 28, 2022 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). In light of Ms. Connolly’s claim, it is unclear if the Division has additional records that may be responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). The Division should clarify this issue. Conclusion Accordingly, the Division is ordered to provide Ms. Connolly with a response to her request, in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Deanna Connolly