Rezendes, Michael v. Department of Correction - Treatment Center (SPR 20140521)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 4, 2014 SPR14/521 Ms. Nancy Ankers White, Esq. Department of Correction General Counsel 70 Franklin Street Boston MA, 02110-1327 Dear Attorney White: I have received the petition of Michael Rezendes of The Boston Globe appealing the response ofMassachusetts Department of Correction (Department) to his request for public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Rezendes requested copies of Department records related to the deaths of two specifically identified former patients of Bridgewater State Hospital. The Department provided copies of responsive records, but withheld recordings of interviews of Bridgewater State Hospital correctional and clinical staff regarding the death of one of the named individuals, further stating that no such records exist for the other named individual. G. L. c. 4, § 7 (26) (f). In his request Mr. Rezendes included release forms signed by family members of the deceased; however, the personal status of the person requesting records does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Accordingly, the provision of release documents from family members will have no bearing on the public status of records. Exemption (f), the "investigatory" exemption, permits the withholding of: investigatory materials necessarily compiled out of the public view by law enforcement or other investigatory officials the disclosure of which materials would probably so prejudice the possibility of effective law enforcement that such disclosure would not be in the public interest G. L. c. 4, §7 (26)(f) OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Nancy Ankers White, Esq. SPR14/521 Page Two December 4, 2014 In a letter dated October 10, 2014 you clarified the Department's position, explaining that, as there was no investigation regarding the death of the first named individual there are no responsive recordings. You further explained that the recordings related to the investigation of the second individual consist of employee interviews. You state that to assist the investigatory process voluntary witnesses must be able to speak freely without fear of subsequent disclosure of those statements. You express concern that disclosure of these recordings could have a "chilling effect" on honest, forthcoming answers from staff. You also explain that the recordings contain questions and other queries that would disclose confidential investigative techniques. Finally, you cite Exemption (b) as a second exemption to justify withholding of these recordings. While I appreciate the detail in your letter to this office, this does not change the fact that your response to Mr. Rezendes failed to comply with the specificity requirements of the Public Records Law. Accordingly, the Department is hereby ordered, within ten (10) day ofthis order, to provide Mr. Rezendes with the requested records. If the Department maintains that any portion ofthe responsive records are exempt from disclosure it may, within ten (10) days provide to Mr. Rezendes a written explanation, with specificity, how a particular exemption applies to each record. G. L. c. 66, § 10(c). See also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995) (a government agency that refuses to comply with are 'Uest for disclosure has burden of proving the information requested is within one ofth ed e::e;nptions). 1 s/ ul~.· o I,// '.~Iiams awn Supervisor of Records cc: Mr. Michael Rezendes