Patrick Banfield v. Executive Office of Health & Human Services (SPR 20242584)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 26, 2024 SPR24/2584 Patricia M. Scanlan, Esq. Primary Records Access Officer Executive Office of Health and Human Services One Ashburton Place Boston, MA 02108 Dear Attorney Scanlan: I have received the petition of Patrick D. Banfield, Esq., of Banfield Law, appealing the response of the Executive Office of Health and Human Services (Office) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On July 23, 2024, Attorney Banfield requested: All documents and communications, including but not limited to emails, text messages, phone calls, calendar entries, reports and/or attachments, sent or received by [identified individuals] that reference, discuss, or relate to [an identified individual] in connection with job coaching, 360 reviews, discipline, separation from employment, and/or criticism of her leadership. To the extent the Commonwealth identifies M.G.L. c. 4, § 7(26)(c) as a basis to withhold documents, we have limited this request to records related to our client, [an identified] Secretary only. Secretary ...waives any privacy exemption that potentially applies to these records. On August 2, 2024, the Office provided a response. Unsatisfied with the Office’s response, Attorney Banfield petitioned this office and this appeal, SPR24/2584, was opened as a result. It is my understanding that the Office intends on providing a further response to Attorney Banfield. Accordingly, the Office is ordered to provide Attorney Banfield with said response in a manner consistent with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Attorney Banfield may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). 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

Patricia M. Scanlan, Esq. SPR24/2584 Page 2 September 26, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Patrick D. Banfield, Esq.