DAVIS VS. CHARLIE BAKER

DAVIS VS. CHARLIE BAKER

   My former employer, the Commonwealth of Massachusetts,

 has refused to provide to me a copy of my personnel record. 

A part of the personnel record is maintained by the 

Massachusetts Commission Against Discrimination (MCAD)

 and another part of my personnel record is maintained by

 Massachusetts Human Resources Division (MHRD)

.

     Massachusetts General Laws (MGL), chap. 149, sec. 52C 

requires employer to maintain personnel records and allow 

employees a copy of and access to their records at least twice a 

year.  The Commonwealth has refused me access to my records.

     In 2017 I litigated the issue. The Court dismissed my 

complaint. It ruled that I did not have a right of private action

 except in the case of correcting or expunging false items. The 

inference is that the request that I made for my personnel 

records were inappropriately worded. I have rewritten the

requests. See below.

     The Court did not order the Attorney General to enforce

 Chap. 149.  There might be a separation of power issue in that 

the judicial branch of government can not evaluate how the

executive branch evaluates and carries out its responsibilities

unless specifically written in the statute.

     Should the Commonwealth again refuse to provide to me a

 copy or access to my records, it makes sense to skip the 

Attorney General and bring a complaint against the CEO of 

the Commonwealth, Governor Charlie Baker.

Chief Human Resources Officer

Massachusetts Human Resources Division

1 Ashburton Place, Room 301

Boston MA  02108

Re: Request Personnel Records

Dear Sir or Madam:

Please accept this letter as the request for my Personnel Records per M.G. L. Chapter 149, Sec. 52C.

I was an employee of the Commonwealth of Massachusetts working for the Massachusetts Commission Against Discrimination from September 2006 to April 2010.

The issue of my records has been litigated. The Court has ruled that I can receive a copy of my personnel record in order to correct and/or expunge false items. Please see attached Court ruling.