Code of Massachusetts Regulations
115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES
Title 115 CMR 9.00 - Investigations And Reporting Responsibilities
Section 9.19 - Records, Forms and Notices

1. the complaint and the public log number assigned;

2. the disposition letter;

3. the names of all persons interviewed and the dates of the interviews;

4. any recorded or written statements;

5. a summary of documents reviewed;

6. a copy of the official investigation report or administrative review report; and any such report shall be admissible in any employee disciplinary hearing related to the investigation;

7. Copies of notes or memoranda generated by the investigator to the extent such are maintained;

8. any photographs and any other physical evidence;

9. the decision letter;

10. the action plan or resolution letter;

11. documentation of corrective action or protective services implemented; and

12. documents relating to any appeal or reconsideration.

1. Union representatives or legal representatives (in their representative capacity) may obtain a redacted copy of the official investigation report for a scheduled disciplinary, grievance, or an appeal upon presentation of written authorization from the employee for release.

2. The commissioner or designee may determine that publicity accorded an investigation is so extensive that mere removal of identifying data would be insufficient to protect existing privacy interests, or that disclosure would probably so prejudice the possibility of an effective investigation by law enforcement that such disclosure would not be in the public interest. In such event, the commissioner or designee shall file in the case record a statement of this determination, with a specification of the document(s) to be withheld as an exemption to the definition of public records set forth in M.G.L. c. 4, § 7, cl. 26, the conditions of withholding and a brief statement of reasons. Such withholding shall be governed by the Fair Information Practices Act, M.G.L. c. 66A, § 2(i) and other applicable law.

3. The identity of a complainant shall not be disclosed by any provider with knowledge of such identity, or by the Department, except to representatives of investigating state agencies (including the Department), the district attorney's office, or other law enforcement agencies as necessary for investigation, review, and monitoring of the actions taken in response to the complaint.