Gavriela Bogin-Farber v. Boston Housing Authority (SPR 20243307)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 18, 2024 SPR24/3307 Dean Papademetriou, Esq. General Counsel Boston Housing Authority 52 Chauncey Street Boston, MA 02111 Dear Attorney Papademetriou: I have received the petition of Gavriela M. Bogin-Farber, Esq., of Segal Roitman, LLP, appealing the response of the Boston Housing Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 11, 2024, Attorney Bogin-Farber requested: [1] From March 1, 2020, to present, any documents, including but not limited to email communications from Boston Housing Authority (BHA) management to any managers and supervisors in the Work Order Department, that explain, relate, or refer to the implementation of the time-reporting provisions and scheduling provisions in the newest Teamsters Local 122 collective bargaining agreement. [2] From January 1, 2023, to present, any documents, including but not limited to email communications from BHA management to any managers and supervisors in the Work Order Department, that explain, relate, or refer to the revision of timesheets employees used to report their hours that took place in or around April 2023. [3] From January 1, 2024, to present, any and all BHA policies governing investigations of employees. [4] From January 1, 2021, to present, any and all BHA policies related to employees performing work for other employees’ benefit during non-working hours. [5] From March 1, 2020, to present, any and all BHA policies related to remote work for bargaining unit and non-bargaining unit employees, including but not 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

Dean Papademetriou, Esq. SPR24/3307 Page 2 December 18, 2024 limited to any mandatory process to be used by employees and/or supervisors to request and/or grant requests for remote work. [6] From January 1, 2022, to present, any and all BHA policies and collective bargaining agreements related to appropriate exercise of managerial duty, including but not limited to any documents that set out a mandatory and/or discretionary disciplinary process. [7] From January 1, 2021, to present, for every employee who was required to take a management training exam: (a) Documents showing the score that each employee was required to achieve in order to pass; (b) Documents showing the number of employees who passed the exam and number who failed; (c) Documents showing the self-reported racial identity of these employees. [8] Documents displaying or describing the management structure at the BHA for the years 2023 and 2024, including but not limited to organizational charts. [9] From January 1, 2021, to present, documents that contain the following information regarding BHA employees: (a) The positions and pay grades of employees by self-reported racial identity; (b) Resignations and terminations of employees by self-reported racial identity; (c) Length of tenure of employees by self-reported racial identity. [10] From January 1, 2021, to present, for each vacancy at pay grade 11 or above, the following: (a) The positions and pay grades of employees by self-reported racial identity; (b) Resignations and terminations of employees by self-reported racial identity; (c) Length of tenure of employees by self-reported racial identity. [11] From January 1, 2021, to present, for each vacancy at pay grade 11 or above, the following: (a) Documents that include the self-reported racial identity of all applicants; (b) Documents showing which individual was selected, and that individual’s self-reported racial identity. [12] From January 1, 2021, to present, for every employee that was suspended or terminated for performance issues related to supervision and management of their staff (limited only to employees who are supervisors or managers): (a) Documents that identify the self-reported racial identity of that employee; (b) The particular discipline BHA imposed; (c) The evidence upon which BHA relied to make its decision to discipline the employee; (d) The policies upon which BHA relied to issue the discipline. [13] From January 1, 2021, to present, any and all documents describing the number of and self-reported racial identity of employees who were reassigned due

Dean Papademetriou, Esq. SPR24/3307 Page 3 December 18, 2024 to performance issues, including but not limited to those related to supervision and management of their staff. It is my understanding that Attorney Bogin-Farber paid a fee estimate to provide the requested records. Following payment of the fee estimate, the Authority responded on November 27, 2024. Unsatisfied with the Authority’s response, Attorney Bogin-Farber petitioned this office, and this appeal, SPR24/3307, was opened as a result. Subsequently, I learned that the Authority provided a supplemental response to Attorney Bogin-Farber on December 17, 2024. Where this appeal was opened as a result of the Authority’s November 27th response, I will now consider this administrative appeal closed. Attorney Bogin-Farber may appeal the substantive nature of the Authority’s December 17th response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Gavriela M. Bogin-Farber, Esq.