Shortsleeve, Joe v. Department of Transitional Assistance (SPR 20140331)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords August 4, 2014 SPR14/331 Mr. Joe Shortsleeve WBZ-TV Boston 1170 Soldiers Field Road Boston, MA 02134 Dear Mr. Shortsleeve: This office has received your petition appealing the response of the Department of Transitional Assistance (Department) to your request for public records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, you requested copies of records specific to the Department's efforts to terminate ten EBT (electronic benefits transfer) cards for spending that occurred in Hawaii. Exemption (a) In a June 10, 2014letter to you, Department General Counsel Nakisha L. Skinner stated that responsive records were being withheld pursuant to Exemption (a) of the Public Records Law. Exemption (a) allows for the withholding of records which are: specifically or by necessary implication exempted from disclosure by statute G.L. c. 4, § 7(26)(a) A governmental entity may use Exemption (a) as a basis for withholding requested materials where the language of the exempting statute suggests that the public's right to inspect records under the Public Records Law is restricted. Attorney General v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). In its response, the Department stated that responsive records have been withheld pursuant to G.L. c. 66, § 17 A as it operates under Exemption (a). Section 17 A broadly permits the withholding of records relative to all public assistance, except in limited OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Joe Shortsleeve SPR14/331 Page Two August 4, 2014 circumstances such as requests for inspection by members of the general court. Whereas the responsive records directly relate to the receipt of public assistance, and have not been requested by a public official holding a statutory right of access as defined by Section 17 A, it is my finding that the Department may permissibly withhold these records pursuant to Exemption (a) of the Public Records Law. Accordingly, this administrative appeal is now closed. /lliams Supervisor of Records cc: Ms. Nakisha L. Skinner, Esq.