Megan Hamilton-McKeon v. Massachusetts Commission Against Discrimination (SPR 20240142)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 30, 2024 SPR24/0142 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 January 2, 2024, Ms. Hamilton-McKeon sent the following request to the Commission: Please provide information regarding the status of the December 17, 2023 complaint also emailed December 18, 2023 brought against [named individuals] at Saint Francis Xavier School in Acushnet. Please make any recommendations regarding the next steps. The Commission responded on January 3, 2024, providing a status update. 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 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 SPR24/0142 Page 2 January 30, 2024 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 custodian must provide the responsive records. The Commission’s January 3rd and January 22nd Responses In its January 3, 2024 response, the Commission states that “the complaint has been received. ... complaints are processed in the order they are received.” Subsequently, in an email to Ms. Hamilton-McKeon on January 22, 2024, the Commission further explains that “MCAD Docket No. 23NEM03656, is still under investigation at the Commission,” and provides the contact information of the investigator. In her appeal petition, Ms. Hamilton-McKeon contends that “the basis as to what is at issue(s) regarding the request sent is that they seem to be mistaken regarding the order of processed complaints and there was no actual answer regarding status and the next steps necessary.” Subsequent to the opening of this appeal, Ms. Hamilton-McKeon reiterated her concerns in numerous emails to this office. 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. 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