Colman Herman v. Massachusetts Convention Center Authority (SPR 20241346)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 16, 2024 SPR24/1346 Jeannemarie Joyce, Esq. Assistant General Counsel Massachusetts Convention Center Authority 415 Summer Street Boston, MA 02210 Dear Attorney Joyce: I have received the petition of Colman Herman appealing the response of the Massachusetts Convention Center Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 2, 2024, Mr. Herman requested the following: [C]opies of any and all communications between the Massachusetts Convention Center Authority and the following entities regarding [a named individual]. 1) The governor’s office 2) Executive Office of Administration and Finance This is for the period March 1, 2024 to the present. Previous Appeal This request was the subject of a previous appeal. See SPR24/1168 Determination of the Supervisor of Records (May 2, 2024). In my May 2nd determination, I ordered the Authority to clarify its claims under the attorney-client privilege for withholding responsive records. Subsequently, the Authority responded on May 2, 2024, reiterating its claims under the attorney- client privilege, and also citing Exemption (c) of the Public Records Law for withholding responsive records. See G. L. c. 4, § 7(26)(c). Unsatisfied with the Authority’s response, Mr. Herman appealed, and this case was opened as a result. Conclusion It is my understanding that the Authority intends to provide a supplemental response to Mr. Herman. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its Regulations within ten business days. A copy of any such response 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

Jeannemarie Joyce, Esq. SPR24/1346 Page 2 May 16, 2024 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. If issues remain unresolved, Mr. Herman may appeal the substantive nature of the Authority’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman