Dominic Sciara v. Civil Service Commission (SPR 20251695)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 25, 2025 SPR25/1695 Christopher Bowman Records Access Officer Massachusetts Civil Service Commission 100 Cambridge Street, Suite 200 Boston, MA 02114 Dear Mr. Bowman: I have received the petition of Dominic Sciara appealing the response of the Civil Service Commission (Commission) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On May 28, 2025, Mr. Sciara requested, “an official copy of the transcript for the Civil Service request for investigation held on Tuesday, April 13, 2021, regarding Docket # I-21-067, MacKinnon & 15 Other Persons v. Holbrook Fire Department.” The Commission responded on June 2, 2025. Unsatisfied with the Commission’s response, Mr. Sciara petitioned this office and this appeal, SPR25/1695, was opened as a result. Subsequently, the Commission provided a supplemental response to this office on June 18, 2025. 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. Att’y 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. 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

Christopher Bowman SPR25/1695 Page 2 June 25, 2025 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. The Commission’s June 2nd response In its June 2, 2025 response, the Commission states, “[p]lease note that the Civil Service Commission (CSC) has checked its records and found that there is no recording of the April 13, 2021 show cause conference held that day regarding the matter Docketed I-21-67, MacKinnon and 15 Other Persons v. Holbrook Fire Department. Since there is no recording of the status conference, a transcript cannot be created.” Current Appeal In his appeal petition, Mr. Sciara states: The CSC formally docketed the April 13, 2021 proceeding under Docket No. I- 21-067, and such proceedings are presumptively open to the public. As an open, scheduled matter of record, the Commission was obligated to maintain some form of documentation of the hearing. Even if no recording exists, it is highly improbable that no contemporaneous notes, minutes, or written materials were produced—particularly given the significance of the matter and the number of parties involved…. Additionally, no decision was issued by the Civil Service Commission (CSC) on the matter of Docket I-21-067. If such a decision was issued, it was not publicly posted in accordance with 950 CMR 32.05(1)(f)(1), which requires agencies to publish final decisions and orders from proceedings. No Duty to Create Records Please note that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Further, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). In an email to a staff attorney of the Public Records Division on June 18, 2025, the Commission asserted: [T]he Civil Service Commission is under no legal obligation to record its prehearing or show cause hearings or to generate transcripts of these hearings. As

Christopher Bowman SPR25/1695 Page 3 June 25, 2025 such, with rare exceptions, the Civil Service Commission does not record its prehearings or show cause conferences. Even when those hearings are recorded, it is also extraordinarily rare that we would have a transcript of any such proceeding…. I have also conducted a thorough search of our records, and can confirm the following: (1) the hearing that took place on Tuesday, April 13, 2021, was a show cause conference for a requested investigation; (2) that show cause conference was not recorded; (3) no transcript was ever made of the show cause conference and therefore the Commission does not possess any transcripts of that hearing. Conclusion Where the Commission has confirmed that it does not possess records responsive to Mr. Sciara’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Mr. Sciara is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Dominic Sciara