Carolyn Wagner v. Department of Unemployment Assistance (SPR 20232847)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 11, 2023 SPR23/2847 John P. Cronin, Esq. Assistant Chief Counsel Department of Unemployment Assistance 19 Staniford Street Boston, MA 02114 Dear Attorney Cronin: I have received the petition of Carolyn Wagner appealing the response of the Department of Unemployment Assistance (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 22, 2023, Ms. Wagner requested “…any and all MA DUA and MA Board of Review records, including hard copy files, emails, emailed attachments, documents, spreadsheets, and other electronic files saved to computers and external storage, etc., that provide a reason or explanation for the discrepancies.” On November 6, 2023, the Department responded and stated it was withholding the records pursuant to G. L. c. 151A, § 46. The Department also withheld certain emails records under the attorney-client privilege and Exemption (d) as work product. G. L. c. 4, § 7(26)(d). Unsatisfied with the Department’s response, Ms. Wagner petitioned this office and this appeal, SPR23/2847, was opened as a result. On December 1, 2023 and December 7, 2023, the Department provided further responses, Ms. Wagner remained unsatisfied with the Department’s responses. It is my understanding that the Department intends on providing a further response to Ms. Wagner. Accordingly, the Department is ordered to provide Ms. Wagner with said response in a manner consistent with 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. Ms. Wagner may appeal the substantive nature of the Department’s response within ninety 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

John P. Cronin, Esq. SPR23/2847 Page 2 December 11, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Carolyn Wagner Anne C. Berlin, Esq.