Roger Randall processing notes

Todd Feathers filed this request with the Department of Revenue of Massachusetts.
Est. Completion None
Status
No Responsive Documents

Communications

From: Todd Feathers

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

1) All emails sent by Roger Randall, counsel to the commissioner, from Oct. 25, 2021 until the date this request is processed that contain the phrases: "executive summaries," "algorithmic impact reports," "predictive model reports," "model validation studies," and/or "Todd Feathers."

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Todd Feathers

From: Department of Revenue

Dear Mr. Feathers:

In the format of G.L. chapter 66, section 10(b), this email is in response to your request addressed to attorney Roger H. Randall at the Department of Revenue at 9:25 a.m. on Oct 26, 2021.

1. We confirm the receipt of the request. You have asked for:

All emails sent by Roger Randall, counsel to the commissioner, from Oct. 25, 2021 until the date this request is processed that contain the phrases: "executive summaries," "algorithmic impact reports," "predictive model reports," "model validation studies," and/or "Todd Feathers."

1. There are no records or categories of records sought, if such exist, that are not within the Department of Revenue's possession, custody or control.

1. There is no other agency or municipality that may be in possession of any such emails, if such exist.

1. Mr. Randall is a lawyer whose clients are all of the other employees of the Department of Revenue. When Mr. Randall communicates with any employees on any legal matter, that communication is privileged because it is between attorney and client on a legal matter. If Mr. Randall communicated with any employee on your legal matter that you initiated with your emailed request to Mr. Randall on October 25, then he was communicating in his capacity as legal counsel, and the content of such communication is therefore privileged. Also, in addition to any content, the fact of whether or not Mr. Randall made such communications to his client(s) is likewise privileged. For this reason, your request for any emails that Mr. Randall sent to any employee of the Department of Revenue on any date (including starting on Oct. 25) that contain the phrases (taken from your Oct. 25th request) submitted by you on Oct. 26 and quoted above is hereby denied.

1. There are no responsive records that we intend to produce. Mr. Randall did not send any emails from Oct. 25 through today to anyone outside the Department of Revenue that contain the phrases quoted above.

1. Not applicable here.

1. Not applicable here.

1. Not applicable here.

1. You have the right of appeal to the supervisor of public records under subsection (a) of G.L .chapter 66, section 10A, and the right to seek judicial review of an unfavorable decision by commencing a civil action in the superior court under subsection (c) of section 10A.

Very truly yours,

John DeLosa
Deputy Chief, Litigation Bureau
Massachusetts Department of Revenue

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