Maurice J. Ornelas v. Office of the Secretary of the Commonwealth - Administrative Services Division (SPR 20253601)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 22, 2025 SPR25/3601 Sofya Gray Records Access Officer Secretary of the Commonwealth Administrative Services Division One Ashburton Place, Room 1710 Boston, MA 02108 Dear Ms. Gray: I have received the petition of Dr. Maurice J. Ornelas appealing the response of the Administrative Services Division (Division) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 10, 2025, Dr. Ornelas requested the following: [1] All records created received or maintained by the Public Records Division that reference or relate to my complaint filed with the Office of the Inspector General concerning the Public Records Division’s handling of appeals SPR25 2541 SPR25 2591 SPR25 2761 and SPR25 3023. [2] All communications between the Public Records Division and the Office of the Inspector General regarding my complaint including but not limited to emails memoranda notes summaries and any written or electronic correspondence. [3] All internal communications within the Public Records Division concerning my OIG complaint including emails messages deliberative notes meeting notes drafts or internal discussion of how the complaint was categorized processed or addressed. [4] Any guidance instructions policies or internal procedures used by the Public Records Division for reviewing complaints referred by the Office of the Inspector General. [5] Any record documenting searches conducted to locate the records requested above. The Division responded on December 5, 2025. Unsatisfied with the Division’s response, Dr. Ornelas petitioned this office and this appeal, SPR25/3601, 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

Sofya Gray SPR25/3601 Page 2 December 22, 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. Attorney 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. Current Appeal In his appeal, Dr. Ornelas states, “... the Records Access Officer provided only a single document, and stated that it was the record responsive to my request. The response did not address or produce the full categories of records identified in my request, did not describe any search that had been conducted, and did not explain whether additional responsive records exist or were being withheld.” The Department’s December 5th Response In its December 5, 2025 response, the Division stated, “[p]ursuant to your public records request dated November 21, 2025, please find attached the record responsive to your request.” No Duty to Create Records Under the Public Records Law, the Division is not required to create a record in response to a public records request. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). 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). Upon review, the Division has confirmed that it does not possess any additional records responsive to Dr. Ornelas’ request.

Sofya Gray SPR25/3601 Page 3 December 22, 2025 Conclusion Accordingly, where the Division has confirmed that it does not possess additional records, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. Dr. Ornelas is advised that this office shares jurisdiction with the Superior Court of the Commonwealth of Massachusetts. See G. L. c. 66, § 10A(c). Sincerely, Manza Arthur Supervisor of Records cc: Dr. Maurice J. Ornelas