Megan Hamilton-McKeon v. Massachusetts Commission Against Discrimination (SPR 20240221)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 6, 2024 SPR24/0221 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 4, 2024, Ms. Hamilton-McKeon sent the following to the Commission, “[p]lease provide an update regarding the complaint status and any recommendations regarding the next steps.” The Commission responded on January 22, 2024, stating that “[the Commission does] not accept complaints via email.” Unsatisfied with the Commission’s response, Ms. Hamilton- McKeon appealed and this case, SPR24/0221, 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. 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 SPR24/0221 Page 2 February 6, 2024 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 Responses In its January 22, 2024 response, the Commission stated that “[Ms. Hamilton-McKeon’s] case was received via email, and we do not accept complaints via email. Our Administrative Unit & Intake Supervisor has emailed [Ms. Hamilton-McKeon] instructions on how to properly file.” Additionally, in a January 25, 2024 email, the Commission states, “Ms. Hamilton-McKeon received a response from our office requesting an update on her complaint brought against Hanover Public Schools. Ms. Hamilton-McKeon was advised that her complaint was received via email, and we do not accept complaints via email, and our Administrative Unit & Intake Supervisor has emailed her instructions on how to properly file.” In her appeal petition, Ms. Hamilton-McKeon states, “[t]he basis as to what is at issue(s) regarding the request sent is that no other response has been received regarding the complaint and there was no actual answer regarding status and the next steps necessary.” 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