Melinda Rivers v. State Ethics Commission (SPR 20253350)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 26, 2025 SPR25/3350 Gerry Tuoti Senior Public Information Officer State Ethics Commission One Ashburton Place, Room 619 Boston, MA 02108 Dear Mr. Tuoti: I have received the petition of Melinda Rivers appealing the response of the State Ethics Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 27, 2025, Ms. Rivers requested the following: [A]ll adjudicatory hearing records referencing or involving . . . in the matter of [an identified individual], including but not limited to: [1] All filings, statements, exhibits, or testimony involving [an identified individual] during the adjudicatory phase; [2] All correspondence (including email attachments) between [an identified individual] and the Commission, or between the Commission and third parties regarding [an identified individual], where those records were relied upon or introduced during the adjudicatory proceeding; [3] Any internal Commission communications that forward, quote, summarize, or include [an identified individual’s] statements, submissions, or testimony that became part of the adjudicatory record; [4] All hearing transcripts, exhibits, or notes in which [an identified individual] is mentioned or participated, directly or indirectly; [5] Any sworn statements or affidavits attributed to [an identified individual], as part of the proceeding. The Commission provided a response to Ms. Rivers on November 5, 2025. Unsatisfied with the Commission’s response, Ms. Rivers petitioned this office and this appeal, SPR25/3350, 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

Gerry Tuoti SPR25/3350 Page 2 November 26, 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. The Commission’s November 5th Response In its November 5, 2025 response, the Commission stated, “[t]he State Ethics Commission does not have any records responsive to your request.” Current appeal In her appeal, Ms. Rivers states the following: This appeal expressly seeks any and all records—preliminary, adjudicatory, or otherwise—that reference or involve . . . in connection with the Baker matter. I have also CC’d Officer . . . of the Attleboro Police Department, who contacted the Commission and spoke directly with Chief of Public Education and Communication . . . regarding this same bsubject. . . . I respectfully request a determination directing the release—or, at minimum, a detailed custodial index and segregated production—of all responsive records pursuant to 950 CMR § 32.08(5) ... I am not seeking confidential personal information of third parties— only substantive records relied upon in a final state ethics determination. Based on Ms. Rivers’ appel petition, I find the Commission must clarify if it possesses any records responsive to her 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). However, 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). Consequently, the Commission must clarify whether any responsive records exist.

Gerry Tuoti SPR25/3350 Page 3 November 26, 2025 Conclusion Accordingly, the Commission is ordered to provide Ms. Rivers with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Rivers may appeal the substantive nature of the Commission’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Melinda Rivers