David S. Kassel v. Executive Office of Health & Human Services (SPR 20231473)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 10, 2023 SPR23/1473 Berlinda Bernard Paralegal – Records Access Officer Executive Office of Health and Human Services One Ashburton Place Boston, MA 02108 Dear Ms. Bernard: I have received the petition of David Kassel, of the Massachusetts Coalition of Families and Advocates (COFAR, Inc.), appealing the response of the Executive Office of Health and Human Services (EOHHS) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 19, 2023, Mr. Kassel requested “…a report that EOHHS filed as of March 30 with the House and Senate Ways and Means Committee concerning wages for direct care human services workers. The report is referenced in line item 1599-6903 of the current-year state budget. It concerns the ongoing and proposed initiatives that increase the hourly wages and compensation of the direct care human service workforce.” On June 2, 2023, EOHHS provided Mr. Kassel with a response to his May 19th request. In its June 2nd response, EOHHS informed Mr. Kassel, “[p]lease note EOHHS continues to process your request to gather potentially responsive records. EOHHS is unable to provide a complete response by June 5, 2023. Pursuant to G. L. c. 6, § 10(b)(vi), EOHHS estimates a response will issue by June 12, 2023 (15 business days after PRR receipt).” On June 20, 2023, Mr. Kassel sent an email to EOHHS asserting, “I just received your email this morning extending EOHHS’s response to my Public Records [r]equest for a third time. As you know, I’m requesting a single report that was submitted by EOHHS to the House and Senate Ways & Means Committees. Would it be possible to discuss over the phone what the difficulty is in providing the report I’ve requested?” On June 26, 2023, after not receiving the requested record(s), Mr. Kassel petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his June 26th petition, Mr. Kassel asserts: 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

Berlinda Bernard SPR23/1473 Page 2 July 10, 2023 …[t]he record I requested is a single report that EOHHS was required to file as of March 20 with the House and Senate Ways and Means Committees concerning wages for direct care human services workers. Since filing my Public Records Request (PRR), I have received notices from EOHHS of three extensions in responding to the PRR. In the last written notice I received from the agency on June 20, I was informed that a response would be provided as of June 23. On June 20, I subsequently received a call from Belinda Bernard, the EOHHS [R]ecords [A]cess [O]fficer, who said the report would actually be delivered to me on the following day, June 21. However, I have not received the report to date. Subsequent to the opening of this appeal, on June 27, 2023, EOHHS provided Mr. Kassel with the responsive record via email. After receipt of the record, Mr. Kassel questioned whether this was the same report/information provided to the House and Senate Ways and Means Committees. EOHHS provided Mr. Kassel with a June 30th confirmation email indicating, “[Ms. Bernard confirmed] that the Excel spreadsheet included in EOHHS’ response was filed with the House and Senate Ways and Means Committees. No information was redacted or withheld.” Conclusion Accordingly, where EOHHS has provided Mr. Kassel with the requested record, I will now consider this appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: David Kassel