Theresa Walsh v. Executive Office of Energy and Environmental Affairs (SPR 20242431)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 9, 2024 SPR24/2431; SPR24/2432; SPR24/2435 SPR24/2436; SPR24/2440; SPR24/2442; SPR24/2443 Read D. Porter, Esq. Deputy General Counsel Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Dear Attorney Porter: I have received the petitions of Theresa Walsh appealing the nonresponse of the Executive Office of Energy and Environmental Affairs (Office) to seven requests for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). SPR24/2431 On August 5, 2024, Ms. Walsh requested three categories of records relating to an “[i]nvestigation into [an identified individual] re: Facebook Posts and radio transmissions[.]” SPR24/2432 On August 6, 2024, Ms. Walsh requested five categories of records relating to a “Lost or Stolen Firearm[.]” SPR24/2435 On August 1, 2024, Ms. Walsh requested three categories of records relating to the “[m]isuse of [a specified] CJIS investigation[.]” SPR24/2436 On August 2, 2024, Ms. Walsh requested six categories of records relating to “Body Camera IA[.]” 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

Read D. Porter, Esq. SPR24/2431; SPR24/2432; SPR24/2435 Page 2 SPR24/2436; SPR24/2440; SPR24/2442 September 9, 2024 SPR24/2443; SPR24/2440 On August 12, 2024, Ms. Walsh requested “[t]he full Center of Expertise Report and internal investigation into [an identified individual’s] derogatory statements toward [two identified individuals], ‘Broad Squad’ and other derogatory statement references of them[.]” SPR24/2442 On August 9, 2024, Ms. Walsh requested five categories of records related to “[IOD – [identified individual.]” SPR24/2443 On August 7, 2024, Ms. Walsh requested six categories of records related to the “use of force involving personal AR-15 assault rifle[.]” Previous Petition This request was the subject of a previous petition from Office. See SPR24/2457 Determination of the Supervisor of Records (September 6, 2024). In the September 6th determination, I declined to opine on the Office’s petition due to pending administrative matters. Claiming to not yet have received responsive records, Ms. Walsh petitioned this office and these appeals, SPR24/2431, SPR24/2432, SPR24/2435, SPR24/2436, SPR24/2440, SPR24/2442, and SPR24/2443, were opened as a result. Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: The Supervisor of Records may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In a telephone conversation between the Office and this office on September 4, 2024, the Office confirmed that three administrative proceedings relating to the records at issue in Ms. Walsh’s requests are currently pending before the Massachusetts Commission Against Discrimination (MCAD). See Theresa Walsh v. Executive Office of Energy and Environmental Affairs and S.S. (individual respondent) (MCAD Docket No. 24-SEM-00155); Theresa Walsh v. Executive Office of Energy and Environmental Affairs (MCAD Docket No. 24-SEM-01417); and Theresa Walsh v. Executive Office of Energy and Environmental Affairs and S.S. (individual respondent) (MCAD Docket No. 24-SEM-01364).

Read D. Porter, Esq. SPR24/2431; SPR24/2432; SPR24/2435 Page 3 SPR24/2436; SPR24/2440; SPR24/2442 September 9, 2024 SPR24/2443; In light of the pending administrative proceedings, I decline to opine on these matters at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Theresa Walsh