Colman Herman v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20240128)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 30, 2024 SPR24/0128 Valerie Connolly Records Access Officer Secretary of the Commonwealth Administrative Services Division One Ashburton Place, Room 1710 Boston, MA 02108 Dear Ms. Connolly: I have received the petition of Colman Herman appealing the response of the Administrative Services Division (Division) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 6, 2023, Mr. Herman requested a copy of “any diversity data submitted to the Equal Employment Opportunity Commission this year.” Subsequently, on December 11, 2023, Mr. Herman submitted questions “about the contractors who work alongside your employees in the office.” Mr. Herman posed the following questions: [1.] Why are they not hired as regular employees? [2.] Do the contractors get the same salary rate as regular employees? [3.] Do the contractors get the same benefits as regular employees? Subsequently, on December 20, 2023, Mr. Herman requested the following records: [1.] Each of the contractors’ names[;] [2.] The nature of each of the contractor’s work[;] [3.] The rate of pay for each of the contractors[;] [4.] The total amount paid to each of the contractors this year[;] [5.] ... copies of the contracts for each of the contractors. The Division responded on December 7, 2023 and January 5, 2024. Unsatisfied with the Division’s responses, Mr. Herman petitioned this office and this appeal, SPR24/0128, was opened as a result. It is my understanding that the Division intends on providing a further response to Mr. Herman. Accordingly, the Division is ordered to provide Mr. Herman with said response in a 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

Valerie Connolly SPR24/0128 Page 2 January 30, 2024 manner consistent with the Public Records Law and its Regulations within 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. Herman may appeal the substantive nature of the Division’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman