Ethics Complaints

George Johnston filed this request with the Ethics Commission of Massachusetts.
Submitted Dec. 21, 2019
Status
Rejected

Communications

From: George Johnston

Subject: Massachusetts Public Records Law Request: Ethics Complaints

Email


To Whom It May Concern:

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

A list of all the ethics complaints for 2019/2018/2017, the title, scope and the individual that filed them.

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,

George Johnston

From: Ethics Commission

Subject: None

Web

Dear Mr. Johnston:

This responds to your September 1, 2022 fax requesting the following:

• A list of all the ethics complaints for 2019/2018/2017, the title, scope and the individual that filed them.

Your request is pursuant to General Laws chapter 66, § 10, the Massachusetts Public Records Law.

Due to requirements for confidentiality placed on the Commission by statute, I can neither confirm nor deny whether the Commission has received any complaint or reviewed any matter. Documents concerning complaints and investigations are not considered public records under G.L. c. 4, § 7, cl. 26(a). General Laws c. 268B, § 4(a) specifically provides:

. . . All commission proceedings and records relating to a preliminary inquiry or initial staff review to determine whether to initiate an inquiry shall be confidential. . . G.L. c. 268B, § 4(a).

Section 7 of G.L. c. 268B further provides, “any person who violates the confidentiality of a commission inquiry under the provisions of paragraph (a) of section four of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.” G.L. c. 268B, § 7.

The Supervisor of Public Records has repeatedly read § 4 of G.L. c. 268B to specifically exempt from the public records law all proceedings and records in a Commission preliminary inquiry or initial staff review. See SPR18/708, May 29, 2018; SPR11/337, April 6, 2012; SPR96/443, April 18, 1997; SPR94/255, May 3, 1994; SPR 91/207, August 6, 1991; SPR 87/301, October 27, 1987.

Your request is therefore denied. If you wish to challenge this response, you may file an administrative appeal to the Supervisor of Public Records, following the procedure set out in 950 C.M.R. § 32.08, or seek judicial review by commencing a civil action in the superior court.

Your request references an original request from December 21, 2019. Please note that your original request was not received at that time. I did not learn of your request until receiving a fax on September 1, 2022. If making public records requests of the State Ethics Commission in the future, please use the contact information listed on the Commission’s website, www.mass.gov/ethics, in order to ensure that we receive your request as intended.

Sincerely,

Gerry Tuoti
Public Information Officer
State Ethics Commission

Files

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