Ramon Ortega v. Lawrence, City of - Office of the City Clerk (SPR 20233066)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 5, 2024 SPR23/3066 Eileen O’Connor Bernal City Clerk City of Lawrence 200 Common Street, Room 107 Lawrence, MA 01840 Dear Ms. Bernal: I have received the petition of Ramon Ortega appealing the nonresponse of the City of Lawrence (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 15, 2023, Mr. Ortega requested the following “... public records maintained or possessed by [an identified individual]… This request encompasses material created, generated or received from January 25, 2023 to November 15, 2023 [and] [t]hese communications may include, but are not limited to, exchanges between or among any employee or agent of the Human Resources Division and the ... [identified] individuals”: [1.] Copies of all documents, including emails or other correspondence, memoranda or filings, that discuss, mention, reference or pertain to the promotions of sergeants, lieutenants and captains within the City of Lawrence Police Department, whether such discussion relates to permanent, provisional or emergency promotions. [2.] Copies of all documents, including emails or other correspondence, memoranda or filings, that discuss, mention, reference or pertain to the contemplated or effectuated bypass of any member of the Lawrence Police Department for promotion, whether permanent, provisional or emergency, to the rank of sergeant, lieutenant or captain within the Lawrence Police Department, to the State of Massachusetts Human Resources Division; and [3.] Copies of all documents, including emails or other correspondence, memoranda or filings, that discuss, mention, reference or pertain to the contemplated or effectuated promotion of any Spanish-speaking individual to the rank of sergeant, lieutenant or captain within the City of Lawrence Police 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

Eileen O’Connor Bernal SPR23/3066 Page 2 January 5, 2024 Department, whether such discussion relates to permanent, provisional or emergency promotions. [4.] Copies of all documents, including emails or other correspondence, memoranda or filings, that discuss, mention, reference or pertain to the promotions of sergeants, lieutenants and captains within the City of Lawrence Police Department, whether such discussion relates to permanent, provisional or emergency promotions, to the State of Massachusetts Human Resources Division. Claiming to not yet have received responsive records, Mr. Ortega petitioned this office and this appeal, SPR23/3066, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the City has provided a response. Accordingly, the City is ordered to provide Mr. Ortega with a response to the request, provided in a manner consistent with this order, 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. Mr. Ortega may appeal the substantive nature of the City’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Ramon Ortega