Megan Hamilton-McKeon v. Massachusetts Commission Against Discrimination (SPR 20240110)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 29, 2024 SPR24/0110 Ruthy Barros Records Access Officer Massachusetts Commission Against Discrimination One Ashburton Place, Suite 601 Boston, MA 02108 Dear Ms. Barros: I have received the petition of Megan Hamilton-McKeon appealing the response of the Massachusetts Commission Against Discrimination (Commission/MCAD) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 20, 2023, Ms. Hamilton McKeon requested “an update on Docket Number 174302673.” The Commission responded on November 29, 2023, providing a copy of the “investigative disposition.” Unsatisfied with the Commission’s response, Ms. Hamilton-McKeon appealed, and this case was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records 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

Ruthy Barros SPR24/0110 Page 2 January 29, 2024 custodian must provide the responsive records. Current Appeal In her appeal petition, Ms. Hamilton-McKeon states the following: The basis as to what is at issue with is that the “DISMISSAL and NOTICE of RIGHT TO APPEAL” says it was sent out but it was not received. The November 29, 2023 communication was the first time the document was presented. A request for the MCAD contact(s) regarding the case is necessary. Subsequent to the opening of this appeal, Ms. Hamilton-McKeon reiterated her concerns in numerous emails to this office. The Commission’s Responses In its November 29, 2023 response, the Commission provides a copy of the “investigative disposition” for the docket number referenced in Ms. Hamilton-McKeon’s request. Following further correspondence, in an email to Ms. Hamilton-McKeon on January 22, 2024, the Commission explains the following: The Commission denied your appeal [of the referenced MCAD complaint] as untimely on December 1, 2023. Please be advised that the above referenced matter is closed, and the Commission will take no further action. The next step would be to file an appeal in Superior Court. Similarly, in an email to this office on January 18, 2024, the Commission further explains the following: Ms. Hamilton-McKeon . . . is seeking to appeal her appeal request [to the Commission] that was denied for timeliness. Ms. Hamilton-McKeon is reaching out to [the Supervisor of Records’] office to reverse the Commission’s decision to deny her appeal. [The Commission’s] Appeal’s Clerk has explained to Ms. Hamilton-McKeon that the Commission denied her appeal as untimely on December 1, 2023, and the next step would be to file an appeal with the courts. Issues Outside the Authority of this Office Please be advised that the Office of the Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. See G. L. c. 66, § 10. Further, in compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has been alleged. See G. L. c. 66, § 10A(a). Please note that the disposition of complaints filed with the Commission is outside the jurisdiction of this office. Given that such issues do not fall within the authority of this office, I am unable to address such issues in this determination.

Ruthy Barros SPR24/0110 Page 3 January 29, 2024 Conclusion Accordingly, I will consider this administrative appeal closed. Ms. Hamilton-McKeon is advised that she may wish to seek advice from private legal counsel concerning these matters. Sincerely, Manza Arthur Supervisor of Records cc: Megan Hamilton-McKeon