Theresa Walsh v. Executive Office of Energy and Environmental Affairs (SPR 20242457)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 6, 2024 SPR24/2457 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: On August 29, 2024, this office received your petition on behalf of the Executive Office of Energy and Environmental Affairs (Office) seeking relief from the obligation to produce responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, I understand that the Office furnished a copy of this petition to the requestor, Theresa Walsh. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). From July 31, 2024 through August 27, 2024, Ms. Walsh submitted approximately nine requests for records concerning numerous internal affairs investigations. Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: The Supervisor 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). 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. SPR24/2457 Page 2 September 6, 2024 In light of the pending administrative matters, I decline to opine on the Office’s petition at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of these administrative actions could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Theresa Walsh