Colin J. Hogan v. Governor's Legal Office (SPR 20232573)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 8, 2023 SPR23/2573 Kimberly Baptiste Records Access Officer Office of the Governor State House Boston, MA 02133 Dear Ms. Baptiste: I have received the petition of Colin J. Hogan, of the New Bedford Light, appealing the nonresponse of the Office of the Governor (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 10, 2023, Mr. Hogan requested “Gov. Healey’s schedule from Aug 1 - Oct 10.” Claiming to not yet have received responsive records, Mr. Hogan petitioned this office and this appeal was opened as a result. The Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. G. L. c. 66, § 10. “Public records” is broadly defined to include all documentary materials or data, regardless of physical form, made or received by any officer or employee of any department of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). In examining this definition, and the separation of powers doctrine, the Supreme Judicial Court has concluded that the Public Records Law does not apply to records of the Office. Lambert v. Executive Director of the Judicial Nominating Council, 425 Mass. 406, 409 (1997); see also Mass. Const. Pt. 1, Art. 30 (separation of powers). Also, please be advised that in a 2017 decision from the Attorney General’s Office (AGO) regarding a similar matter, the AGO concluded that “documents in the possession of the Governor or the Governor’s Office are not records that must be disclosed under the Public Records Law.” Conclusion Where the records of the Office have been determined to be outside of the Public Records Law, I am unable to assist Mr. Hogan in this matter. Therefore, I will now consider this administrative appeal closed. If Mr. Hogan is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior 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

Kimberly Baptiste SPR23/2573 Page 2 November 8, 2023 Court of the Commonwealth. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Colin J. Hogan