Rebecca Raymond v. Department of Public Health - Bureau of Health Professions Licensure (SPR 20252866)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 8, 2025 SPR25/2866 Helen Rush-Lloyd Records Access Officer Department of Public Health Bureau of Health Professions Licensure 239 Causeway Street, Suite 500 Boston, MA 02114 Dear Ms. Rush-Lloyd: I have received the petition of Rebecca Raymond appealing the response of the Department of Public Health (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 6, 2025, Ms. Raymond requested “copies of all public records maintained by the Board of Registration of Social Workers concerning [13 identified] licensees and DCF employees,” including: [1] Copies of any complaints, investigations, disciplinary proceedings, advisory letters or sanctions associated with these licensees[;] [2] Copies of any letters of agreement, probation orders, remedial training, or supervision records under 258 CMR 9.00[;] [3] Records of any license lapses, expirations, or enforcement actions, including whether any licensee practiced will unlicensed (esp. [an identified individual] post 01/02/2023)[;] [4] Any Board correspondence, memoranda, or reports concerning these licensees. The Department responded on September 11, 2025, assigning the request reference number BHPL-2025-1271. Unsatisfied with the Department’s response, Ms. Raymond petitioned this office and this appeal, SPR25/2866, 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 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

Helen Rush-Lloyd SPR25/2866 Page 2 October 8, 2025 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. 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 Department’s September 11th Response In its September 11, 2025 response, the Department stated, “[e]nclosed are 12 pdf documents of records that may be responsive to your request, the production of which completes DPH’s response to your request. [7 identified individuals], do not have any disciplinary actions.” Current Appeal In her September 30, 2025 petition to this office, Ms. Raymond stated, “[a]t present, the records I have received are incomplete and inconsistent…I am requesting [c]opies of all complaints I filed personally, not just the ones recently assigned invoice numbers, as well as all complaints filed against these persons and their old license numbers currently and formerly held by these individuals[.] Copies of all determinations, responses, and investigation results for those complaints on all license numbers former and currently held by these individuals[.] An explanation of what happened with the complaints tied to the above invoice numbers, and why other complaints I filed are not showing up in the record[.] A corrected and complete record showing the true history of my filings[.] Based on Ms. Raymond’s petition and the Department’s response, it is unclear whether the Department possesses additional records responsive to Ms. Raymond’s request. 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). Consequently, the Department must clarify whether it possesses additional responsive records. Conclusion Accordingly, the Department is ordered to provide Ms. Raymond 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

Helen Rush-Lloyd SPR25/2866 Page 3 October 8, 2025 office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms Raymond may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Rebecca Raymond