Curtin, Esq., Jason v. Executive Office of Labor and Workforce Development - Department of Industrial Accidents (SPR 20140290)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 27,2014 SPR14/290 Ms. Janine Senatore Department of Industrial Accidents Office of Claims Administration 1 Congress Street, Suite 100 Boston, MA 02114 Dear Ms. Senatore: This office has received the petition of Jason B. Curtin, Esq. appealing the responses ofthe Department of Industrial Accidents (Department) to the requests for public records made by The Rawlings Group (Rawlings). See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, Rawlings requested copies of records pertaining to worker compensation claims filed from January 1, 2010 through the request date. In a January 30, 2014 response letter, the Department stated that it was withholding responsive records pursuant to Exemptions ( o) and (p) of the Public Records Law. In a February 10, 2014letter, the Department stated that it was also withholding records responsive to this request pursuant to Exemption (c). It is unclear to this office as to why the Department provided a different exemption claim when Rawlings requested clarification with respect to the Department's initial response. In each of its responses, the Department merely cited an exemption claim but provided no further explanation as to their applicability to the requested records. The Public Records Law states that "the burden shall be upon the custodian to prove with specificity the exemption which applies." G. L. c. 66, § 10(c) (emphasis added). See Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). It is my finding that the Department has failed to satisfy its burden in responding to this records request. The Department has provided no specificity with respect to the applicability of the exemptions claimed and is not permitted to issue a blanket denial without providing any further information with respect to the requested records. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Janine Senatore SPR14/290 Page Two May27, 2014 The Department is hereby ordered to provide Attorney Curtin with copies of the responsive records within ten (1 0) calendar days, or alternatively to provide this office with a more detailed explanation that will satisfy its burden in responding to this request. Accordingly, this administrative appeal is now closed. cc: Mr. Jason B. Curtin, Esq.