Richard Stagnone v. Massachusetts Commission Against Discrimination (SPR 20251574)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 18, 2025 SPR25/1574 Ruthy Barros Records Access Officer/Deputy Clerk Massachusetts Commission Against Discrimination One Ashburton Place, Room 601 Boston, MA 02108 Dear Ms. Barros: I have received the petition of Richard Stagnone appealing the response of the Massachusetts Commission Against Discrimination (Commission) to a request for public records. See G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On May 16, 2025, Mr. Stagnone requested “... copies of the intake forms dated October 1, 2024 and October 9, 2024.” The Commission responded on June 2, 2025. Unsatisfied with the Commission’s response, Mr. Stagnone petitioned this office and this appeal, SPR25/1574, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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

Ruthy Barros SPR25/1574 Page 2 June 18, 2025 Current appeal In his appeal, Mr. Stagnone asserts, “I have been informed by the Massachusetts Commission Against Discrimination intake form each person complainant must fill out is not retained in paper nor electronic form. I feel that this is a violation of the Public Records laws.” The Commission’s June 2nd response In its June 2, 2025 response, the Commission stated “[a] diligent search of Commission records did not reveal any documents responsive to your request.” In a telephone conversation between an attorney at the Public Records Division and a representative of the Commission, the Commission advised that the requested intake forms were destroyed. Where the Commission indicates that responsive records have been destroyed, I find that the Commission must demonstrate whether it followed proper records retention protocol. Specifically, the Commission must demonstrate that it permissibly destroyed the records in compliance with the Statewide Records Retention Schedule. The Commission must clarify this. Conclusion Accordingly, the Commission is ordered to provide Mr. Stagnone with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Richard Stagnone