Lucas Newbill v. Department of Children and Families (SPR 20222840)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 22, 2022 SPR22/2840 Steven S. Treat, Esq. Records Access Officer Assistant General Counsel Department of Children and Families 600 Washington Street, 6th Floor Boston, MA 02111 Dear Attorney Treat: I have received the petition of Attorney Lucas Newbill 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 October 7, 2022, Mr. Hogan requested “…copies of all non-privileged documents, emails and texts concerning and/or referring” to an identified individual in a specific case. The Department provided a response on October 28, 2022. Unsatisfied with the Department’s response, Attorney Newbill petitioned this office and this appeal, SPR22/2840, was opened as a result. The Department’s October 28th Response In its October 28, 2022 response, a representative from the Department stated that “I performed a search as described below and approximately 1,000 emails were identified as potentially responsive. I am working on sorting the responsive or non-responsive emails.” In an email dated December 21, 2022, a Department representative advised a staff attorney of the Public Records Division that “…the requested records are emails related to a child in DCF care for which there is an open Care and Protection proceeding[.]” The Department indicated that the docket number is 22CP0020DE. Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 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. SPR22/2840 Page 2 December 22, 2022 the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending matter, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Attorney Lucas Newbill