Walsh, Theresa v. Civil Service Commission (SPR 20261364)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 24, 2026 SPR26/1364 Caroline E. De Luca, Esq. Records Access Officer Deputy General Counsel 100 Cambridge Street Boston, MA 02114 Dear Attorney De Luca: I have received the petition of Theresa Walsh appealing the response of the Civil Service Commission (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 13, 2026, Ms. Walsh requested, “[r]esults of Civil Service Promotional Test Scores from 1998-present of Environmental Police Officer Sergeant and Lieutenant exam. The information to include names, rank, and score.” The Office responded on April 13, 2026. Unsatisfied with the response, Ms. Walsh petitioned this office and this appeal, SPR26/1364, 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 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. 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

Caroline E. De Luna, Esq. SPR26/1364 Page 2 April 24, 2026 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 Office’s April 13th Response In its April 13, 2026 response, the Office stated, “[t]he Civil Service Commission is a quasi-judicial appellate board whose primary mission is to hear and decide appeals by aggrieved civil service employees and those seeking appointment as civil service employees. The Commission does not possess the requested records that you seek. You may wish to consider reaching out to the Commonwealth’s Human Resources Division (HRD) to see whether they might have the requested records, as they are the state agency charged with managing the hiring process for many public employees.” Current Appeal In her appeal, Ms. Walsh contends, “I find it hard to believe that this agency does not keep the requested information. I also would believe that past paper records have been digitized.” No Duty to Create Records Please be advised that 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, 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). In an email correspondence to this office on April 15, 2026, the Office confirmed that it does not possess records responsive to Ms. Walsh’s request. Where the Office has confirmed that it does not possess responsive records, and has no duty to create records in response to a request, I find that the Office has met its burden in responding to this request under the Public Records Law. Conclusion Accordingly, I will now consider this administrative appeal closed. If Ms. Walsh is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Caroline E. De Luna, Esq. SPR26/1364 Page 3 April 24, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Theresa Walsh