Daniel, Ted v. Department of Early Education and Care (SPR 20260139)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 29, 2026 SPR26/0139 Robert P. Orthman, Esq. Deputy General Counsel Records Access Officer Department of Early Education and Care 50 Milk Street, 14th Floor Boston, MA 02109 Dear Attorney Orthman: I have received the petition of Ted Daniel, of Boston 25 News, appealing the response of the Department of Early Education and Care (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 12, 2025, Mr. Daniel requested “the BRC for [a named individual] of Springfield including any documentation stating his ‘suitability’ to work with vulnerable population.” The Department responded on January 6, 2026, and assigned reference number P001927- 122925 to this request. Unsatisfied with the Department’s response, Mr. Daniel petitioned this office, and this appeal, SPR26/0139, was opened as a result. Subsequent to the opening of this appeal, the Department provided a further response to this office and Mr. Daniel on January 27, 2026. 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 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

Robert P. Orthman, Esq. SPR26/0139 Page 2 January 29, 2026 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 January 6th and January 27th Responses In its January 6, 2026 response, the Department states the following: EEC confirms it has in its possession records related to this individual’s BRC. These records include, but are not necessarily limited to, any completed BRC applications, any Massachusetts Criminal Offender Record Information (CORI), any information from applicable Department of Criminal Justice Information Services (DCJIS) checks, any Sex Offender Registry Information (SORI), any internal suitability determinations, and other relevant documentation. In its January 27, 2026 response, the Department further states that “EEC is withholding Mr. Cruz’s BRC under multiple exemptions to the Public Records Law,” and reiterates its claims for withholding the records under Exemptions (a) and (c). See G. L. c. 4, § 7(26)(a), (c). The Department also provides the following additional information describing the withheld records: EEC is the lead agency of the Commonwealth for administering and licensing early education and care programs and services. G.L. c. 15D, § 2(a). As part of its statutory duties, EEC licenses and oversees group care facilities, which provide care and custody to children on a regular, 24-hour-a-day, residential basis. ... EEC conducts background record checks (BRC) on group care facility providers and staff members to determine suitability to administer and work in these programs, respectively. See G.L. c. 15D, § 7. EEC BRCs include review of an individual’s CORI which can encompass any information from applicable Department of Criminal Justice Information Services (DCJIS) checks, any Sex Offender Registry Information (SORI), any Department of Children and Families (DCF) information, any internal suitability determinations, and other relevant documentation. See Criminal Offender and Other Background Record Checks, 606 CMR 14.04. Following an individual’s BRC process, an EEC reviewer will issue a final suitability determination as to whether that individual may work in an EEC-licensed program. See 606 CMR 14.13. . . . The subject of this appeal is Xavier Cruz of Springfield. Mr. Cruz was previously employed at Northeast Center for Youth and Families (NCYF) Greylock, a former EEC-licensed group care facility in Springfield that received resident intake referrals from DCF. ... NCYF Greylock closed in April 2025. Prior to his employment at the program, EEC conducted a BRC of Mr. Cruz. In its response

Robert P. Orthman, Esq. SPR26/0139 Page 3 January 29, 2026 to Mr. Daniel, EEC identified information and records in its possession regarding Mr. Cruz’s BRC process. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. This office has reviewed the docket of the trial court and verified that the requested records are the subject of active and ongoing litigation in Hampden County Superior Court. See Commonwealth v. Xavier Jordan Cruz, Hampden County Superior Court Docket No. 2479CR00084. In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Additionally, I decline to opine on the applicability of Exemptions (a) and (c) of the Public Records Law to the requested records. Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Ted Daniel