Marty Green v. Governor's Legal Office (SPR 20232883)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 11, 2023 SPR23/2883 Kimberly Baptiste Records Access Officer Office of the Governor State House Boston, MA 02133 Dear Ms. Baptiste: I have received the petition of Marty Green appealing the response 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 26, 2023, Mr. Green requested “... copies of all emails, phone logs, office notes, meeting notes and any and all communications regarding my emails and letters [and] ... any and all information regarding who opened, read and took any action by any and all state employees after receipt of my four certified letters.” In a November 21, 2023 response, the Records Access Officer for the Office of the Governor advised Mr. Green that “[b]y law, records held by the Office of the Governor are not subject to the Massachusetts public records law. See Lambert v. Executive Director of the Judicial Nominating Council, 425 Mass. 406, 409 (1997). Governor Healey’s Office will evaluate public records requests based on the public records law, established exemptions, and any unique obligations of the Governor’s Office. Enclosed are documents responsive to your request.” Unsatisfied with the Office’s response, Mr. Green petitioned this office and this appeal, SPR23/2883, was opened as a result. The Supervisor 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, 425 Mass. at 409; see also Mass. Const. Pt. 1, Art. 30 (separation of powers). 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 SPR23/2883 Page 2 December 11, 2023 Conclusion Where the records of the Office have been determined to be outside of the Public Records Law, I am unable to assist Mr. Green in this matter. Therefore, I will now consider this administrative appeal closed. If Mr. Green is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior 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: Marty Green