Robyn Unger v. Massachusetts Commission Against Discrimination (SPR 20253159)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 12, 2025 SPR25/3159 Ruthy Barros Records Access Officer Massachusetts Commission Against Discrimination 1 Ashburton Place, Suite 601 Boston, MA 02108 Dear Ms. Barros: I have received the petition of Robyn Unger appealing the response of the Massachusetts Commission Against Discrimination (Commission/MCAD) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 6, 2025, Ms. Unger requested 13 categories of records relating to MCAD Docket No. 19BEM03492 / EEOC No. 16C-2020- 00484. I understand the Commission assigned tracking number 25-376 to this request. Previous Appeal and Petition This request was the subject of a previous appeal and a petition from the Commission. See SPR25/2701 Determination of the Supervisor of Records (September 16, 2025) and SPR25/2737 Determination of the Supervisor of Records (October 1, 2025). In my October 1st determination, I found that the Commission had not met its burden to demonstrate that its initial response was in compliance with G. L. c. 66, § 10(b), and accordingly may not charge a fee for public records under G. L. c. 66, § 10(e). Subsequently, the Commission responded on October 9, 2025, providing numerous responsive records. Unsatisfied with the Commission’s response, Ms. Unger petitioned this office, and this appeal, SPR25/3159, was opened as a result. Subsequent to the opening of this appeal, the Commission provided two supplemental responses by email to Ms. Unger and this office on November 7, 2025. Current Appeal In an email to this office on November 7, 2025, Ms. Unger states the following Now they are claiming either no records exist or any that do are privileged. They did just provide me with an email dated July 14, 2025 from MCAD senior councel. 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 SPR25/3159 Page 2 November 12, 2025 . . . I understand you can’t advise me on this matter directly. I guess what I need clarification on is can MCAD just call everything related to their investigations of my requests & their closure decisions, privileged? I’m just not allowed to know why they closed my case, fully aware that the 3 payroll checks had bounced & remain outstanding? Conclusion After a review of the Commission’s November 7th supplemental responses, and Ms. Unger’s November 7th email to this office, it appears that copies of the additional records and the privilege log discussed in the supplemental responses have not been provided to this office at this time. See 950 C.M.R. 32.08(1)(g) (requestors shall provide to the Supervisor complete copies of all correspondence associated with the petition). Accordingly, I am unable to opine on this appeal at this time. If unresolved issues remain, Ms. Unger may file a further appeal with this office with the necessary documents. Sincerely, Manza Arthur Supervisor of Records cc: Robyn Unger