Colman Herman v. Suffolk County District Attorney's Office (SPR 20241552)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 5, 2024 SPR24/1552 Andrew Doherty, Esq. Assistant District Attorney Deputy Chief Legal Counsel – Ethics and Compliance Suffolk County District Attorney’s Office One Bulfinch Place Boston, MA 02114 Dear Attorney Doherty: I have received the petition of Colman Herman appealing the response of the Suffolk County District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 22, 2024, Mr. Herman requested the following: [1] Records of all the expenses that Kevin Hayden incurred in his capacity as [D]istrict [A]ttorney of Suffolk County for the period May 1, 2023 to the present. This includes, but is not limited to, the following. [a] Expense reports, including back-up receipts [b] Credit cards statements, including back-up receipts [c] Automobile expense records, including back-up receipts [d] Any and all other records that document District Attorney Hayden’s expenses, including back-up receipts Please note that I am seeking both source documents and a spreadsheet or summary of the expenses. [2] The written employee reimbursement policy of the [O]ffice of the Suffolk County District [A]ttorney. On May 2, 2024, the Office provided a response to Mr. Herman, including responsive records in redacted form. After Mr. Herman emailed the Office regarding redactions to the records, on May 3rd, the Office responded citing Exemptions (c), (f), and (o) of the Public Records Law for the redactions. On May 6th, the Office provided a further response stating, “…[p]er our discussion, I will be selecting one of the redacted credit card statements and producing the underlying 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

Andrew Doherty, Esq. SPR24/1552 Page 2 June 5, 2024 documentation describing the purpose of the expenditures (hotel and airlines) which were redacted from our recent production. I will try to have a production of this material to you by next Monday.” After not receiving the record, Mr. Herman petitioned the Supervisor of Records, and this appeal was opened. It is my understanding that the Office provided a further response to Attorney John Laliberte, of the Pioneer Public Interest Law Center, on May 22, 2024. On June 4, 2024, an attorney in the Public Records Division learned that the Office’s May 22nd response was provided to Mr. Herman on May 23rd by Attorney Laliberte. Where the basis of this appeal was opened as a result of the Office’s May 6th response, I will now consider this administrative appeal closed. Mr. Herman may appeal the substantive nature of the Office’s May 22nd response within ninety calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Colman Herman