Ethics Commission Denies FOIA Due to Statutory Restrictions

(We asked....)

Dear Mr. Earls:

This responds to your February 22, 2024 request for the following:

“Records, emails, investigative summaries related to the recent matter of Franklin DPW Director Robert Cantoreggi.”

Your request is pursuant to General Laws c. 66 § 10, the Massachusetts Public Records Law. The press release and disposition agreement from this matter and a related matter that references some of the same events are attached. Please note that materials related to State Ethics Commission complaints and investigations are not considered public records under G.L. c. 4, § 7, cl. 26(a). Due to requirements for confidentiality imposed on the Commission by statute, I can neither confirm nor deny whether the Commission is in possession of any records concerning complaints or investigations. Your request for such records is therefore denied. 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) (emphasis added).

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.

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.

Sincerely,

Gerry Tuoti

___________________________

Gerry Tuoti

Senior Public Information Officer

State Ethics Commission

One Ashburton Place, Room 619

Boston, MA 02108

617-371-9533

gerry.tuoti@mass.gov

www.mass.gov/ethics