Snell, Jr., Emory v. Department of Correction - MCI Concord (SPR 20140560)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 30, 2014 SPR14/560 Mr. Michael A. Thompson, Superintendent MCI-Concord 965 Elm Street P.O. Box 9106 Concord, MA 01742 Dear Mr. Thompson: I have received the petition of Emory Snell appealing the nonresponse ofMCI-Concord (Institution) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Snell requested copies of records from certain proceedings. To date, Mr. Snell has received no response from the Institution despite numerous conversations by a member of my staff with an employee of the Institution. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10 ( c); see also District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). Accordingly, the Institution is hereby ordered, within ten (10) day ofthis order, to provide Mr. Snell with the requested records. If the Institution maintains that any portion of the responsive records are exempt from disclosure it may, within ten (10) days provide to Mr. Snell and this office a written explanation, with specificity, how a particular exemption applies to each record. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Michael A. Thompson SPR14/560 Page Two October 30, 2014 In the event a request for reconsideration is honored by this office an acknowledgment will be provided to all parties, followed by a written determinat"on by this office, to be provided within fifteen (15) business days. Requests for reconsi ion filed more than thirty (30) days after the date of this letter will not be considered. · lliams cc: Mr. Emory Snell