Clarence Risher v. Worcester County Sheriff's Civil Process Division, Inc. (SPR 20252190)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 8, 2025 SPR25/2190 Lynn A. Trudel Chief Deputy Worcester County Sheriff Civil Process Division Inc. 240 Main Street Worcester, MA 01608 Dear Ms. Trudel: I have received the petition of Clarence Risher appealing the response of Worcester County Sheriff Civil Process Division Inc. (Division) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 14, 2024, Mr. Risher requested “all records regarding any payments from the Committee for Public Counsel Services, beginning July 1 2019 … including but not limited to records containing the dates, amounts, purposes, accounts of origin, and authorizing parties for such payments.” The Division provided a response on July 25, 2025. Unsatisfied with the response, Mr. Risher petitioned this office and this appeal, SPR25/2190, was opened as a result. The Public Records Law The Public Records Law applies to all records: made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, or of any authority established by the general court to serve a public purpose, or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32. G. L. c. 4, § 7(26). The Public Records Law therefore applies to public entities, and does not apply to private entities who are not engaged in an agency or contractual relationship with a public entity. 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

Lynn A. Trudel SPR25/2190 Page 2 August 8, 2025 The Division’s July 25th Response In its July 25, 2025 response, the Division stated: The Worcester County Sheriff's Civil Process Division, Inc. is a non-profit entity incorporated with The Commonwealth of Massachusetts Office of the Secretary of State and, thus, is not a state agency/governmental entity subject to the public records stature. The Public Records Division has previously addressed this very issue in SPR14/120 in which the Supervisor of Records, Shawn Williams, found that “The Worcester County Sheriff’s Civil Process, Inc. is not a public entity and there is no obligation to disclose records in response to a public records request made directly to The Worcester County Sheriff's Civil Process Division, Inc.” Given that, Worcester County Sheriff’s Civil Process, Inc. is not obligated to provide responsive records to your request. Current Appeal In his July 25, 2025 petition to this office, Mr. Risher contended that the Division was a public entity for the purposes of the Public Records Law. This office has previously addressed the question of whether the Division is a public entity for the purposes of the Public Records Law. See SPR14/0120 Determination of the Supervisor of Records (May 6, 2014). In his May 6th determination, Supervisor Williams found that the Division was not a public entity and therefore was under no obligation to disclose records in response to a public records request made directly to the Division. Consequently, this office holds no authority to compel the Division to release any responsive records. Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Risher 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: Clarence Risher Kevin M. Gould, Esq.