Herald wins, somewhat, in appeal on LaMar Cook records request battle

The Boston Herald has won a partial victory in its battle against the governor’s office and Massachusetts State Police over the release of records related to the hiring of embattled former Healey deputy LaMar Cook.

The Secretary of State’s Office is pushing back against the governor’s office and State Police, and their blanket denial of the Herald’s request to release records related to Cook’s background check. In a new letter, the Office’s Supervisor of Records, Manza Arthur, ordered the Healey Administration and the Records Department to provide a written response identifying specifically what records it is withholding from the public, and why, within 10 business days.

“Based on the Department’s response, it is unclear what record(s) the Department possesses that it is withholding from disclosure. To deny access to a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold,” Arthur wrote. “Therefore, the Department must identify the record(s) it has in its possession that the Department withheld under Exemptions (a) and (c).”

The State Police Records Department, which falls under the Healey Administration, in their November 7 rejection, refused to clarify specifically what portions of Cook’s background check needed to be withheld, citing two statutory exemptions to withhold Cook’s records in their entirety. The administration says state law “exempts from public disclosure ‘personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy.’”

“Case law establishes that exempting personnel information from disclosure is necessary to protect the ability of government as a whole to function effectively as an employer,” State MSP Records Manager Allison Mondello explained in the rejection. “As such, the background report requested is exempt from disclosure under subsection (c) of § 7, cl. 26.”

But, the Secretary of State’s Office says that based on the seriousness of the charges Cook faces, paired with his prior position in the Healey Administration, that certain aspects of his background check may be considered public record. Arthur cited Gov. Maura Healey’s own words during an interview on GBH’s Boston Public Radio, where she called her office’s background check “iron clad” and “pivotal” to the hiring process.

The Herald’s partial victory against the Healey Administration comes as LaMar Cook is out on bail as he awaits trial.

Cook was arrested late last month after State Police intercepted 21 kilograms of cocaine being shipped to the Springfield State Office where he worked. Troopers also seized an unregistered gun and ammunition from Cook, who is charged with trafficking 200 grams or more of cocaine, as well as unlawful possession of a firearm and ammunition. Cook also had a criminal history even before he was hired by the Healey Administration. In 2001, Cook was arrested in connection to a shooting in Springfield where he and another man got out of a car and began firing at people on a nearby porch.

He had worked in the Healey administration since 2023, and there have been growing demands from the public for the governor to provide information on the hiring practices that led to Cook’s employment.

All three Republican gubernatorial candidates have called on Gov. Healey to release all documents and communications related to Cook’s hiring process. Leading Republican state lawmakers are also calling for Healey to provide “full transparency” on the hiring of Cook. In addition, gubernatorial candidate Mike Kennealy has recently vowed to release all documents related to Cook, if he is elected.

State payroll records indicate Cook had been paid $96,564 so far this year. His annual salary was $115,968.

The Healey Administration fired Cook immediately, following his arrest, calling it “a major breach of public trust” and “unacceptable.”

Per the Secretary of State’s November 26th order, the Healey Administration and State Police have until Dec. 10th to identify what records it wishes to withhold from the public.

 

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