Martin, John v. Labor and Workforce Developement - Commonwealth Corporation (SPR 20140568)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 30, 2014 SPR14/568 Mr. Robert Duncan Commonwealth Corporation 2 Oliver Street, 5th Fl. Boston, MA 021 09 Dear Mr. Duncan: I have received the petition of John Martin from TCIC, Inc. (TCIC) appealing the non response of the Commonwealth Corporation (Corporation) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Martin requested a complete copy of the revised grant that was submitted to your agency by Eliza Corporation after its termination ofTCIC, a copy of the revised grant approved by your agency and records contained in staff memorandum, minutes of the Massachusetts Workforce Training Fund (MWTF) Advisory Board meetings or other documents including MWTF regulations/published guidelines that contain criteria that a grant recipient must follow in terminating its training provider. To date, despite a member of my staff speaking with the Program Manager of the MWTF and leaving messages for you, the Corporation has not responded to Mr. Martin's request for records. 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 Corporation is hereby ordered, within ten (1 0) day of this order, to provide Mr. Martin with the requested records. If the Corporation maintains that any portion of the responsive records are exempt from disclosure it must, within ten (10) days provide to Mr. Martin and this office a written explanation, with specificity, how a particular exemption applies to each record. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Robert Duncan SPR14/568 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 determination by this office, to be provided r within fifteen (15) business days. Requests for reconsideration led more than thirty (30) days after the date of this letter will not be considered. illiams of Records cc: Mr. John Martin