William Barabino, Esq. v. Massachusetts Probation Service (SPR 20252525)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 3, 2025 SPR25/2525 Tonie J. Ryan, Esq. Deputy Commissioner Massachusetts Probation Service One Ashburton Place, 4th Floor Boston, MA 02108 Dear Deputy Commissioner Ryan: I have received the petition of William J. Barabino, Esq. appealing the response of the Massachusetts Probation Service (Probation Service) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 21, 2025, Attorney Barabino requested: [1] Rules, regulations policies and directives used to determine when and if a probation officer seeks a custodial hold on any probationer from the period of January 1, 2025 until August 20, 2025[;] [2] Any rules, regulations, memoranda, and directives that detail the any statistics on people with disabilities, particularly service-connected post-traumatic stress disorder (“PTSD)[;] [3] Any rules, regulations, memoranda and directives detailing how to properly screen a veteran or potential veteran for brave act or valor act from the period of January 1, 2021, until August 20, 2025. Include the sample intake sheet for this request[;] [4] Any rules, regulations, memoranda and directives detailing how many veterans were diverted in the Peabody court because of their veteran status from the period of January 1, 2021 until the present day of August 21, 2025[;] [5] Any rules, regulations, memoranda and directives detailing when a probation officer should communicate with a victim on a underlying criminal matter when it does not involve modifying conditions of release[;] [6] Any rules, regulations, memoranda and directives involving conflict of interest whereas a probation officer may know a party involved in a matter January 1, 2021 until he present day of August 21, 2025. The Probation Service responded on August 25, 2025. Unsatisfied with the response, Attorney Barabino petitioned this office and this appeal, SPR25/2525, was opened as a result. 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

Tonie J. Ryan, Esq. SPR25/2525 Page 2 September 3, 2025 Please note, the Office of the Supervisor of Records is statutorily empowered with the authority to determine the public status of government records. G. L. c. 66, § 10. “Public records” is broadly defined to include all documentary materials or data, regardless of physical form, made or received by any officer or employee of any department of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). In examining this definition and the separation of powers doctrine, the Supreme Judicial Court has concluded that the Public Records Law does not apply to records of the judiciary. Ann K. Lambert v. Executive Director of the Judicial Nominating Counsel, 425 Mass. 406, 409 (1997); see also Mass. Const. Pt. 1, Art. 30 (separation of powers). Where the records of the Probation Service have been determined to be outside of the Public Records Law, I am unable to assist in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. 1019, 1020-21 (2007). Therefore, I must consider this matter closed. Sincerely, Manza Arthur Supervisor of Records cc: William J. Barabino, Esq.