McKenna, Esq., James v. Office of the District Attorney - Northwestern District (SPR 20140611)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 26,2014 SPR14/611 Ms. Cynthia M. Von Flatern, Esq. Northwestern District Attorney's Office One Gleason Plaza Northampton, MA 01060 Dear Assistant District Attorney Von Flatern: I have received the petition of James P. McKenna, Esq. appealing the response of the Northwestern District Attorney's Office (Office) to his September 10, 2014 request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney McKenna requested records relating to certain evidence that was maintained at the Massachusetts Drug Laboratory in Amherst. Timeliness ofR esponses It is my understanding that Attorney McKenna received a September 17, 2014 letter from you in which the Office acknowledged the receipt of his records request. Subsequent to my intervention, the Office provided Attorney McKenna with a substantive response to his request in the form of an October 28, 2014 letter from you. The Office's response to Attorney McKenna's request was not made in compliance with the timeliness requirements of the Public Records Law and its Access Regulations. G. L. c. 4, § 7 (26); 950 C.M.R. 32 et seq. A record custodian must comply with a public records request as soon as is practicable, without unreasonable delay,.and always within ten (10) calendar days. See G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). The Office is advised that all responses to requests for public records must be made in compliance with the timeliness requirement of the Access Regulations. The Office's Substantive Response 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma:us/pre

Ms. Cynthia M. Von Flatern, Esq. SPR14/611 Page Two November 26, 2014 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). In your October 28th letter, you cited Exemptions (a) and (d) ofthe Public Records Law yet 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 Office has failed to satisfy its burden in responding to Attorney McKenna's records request. The Office has provided no specificity with respect to the claimed exemptions and is not permitted to issue a blanket denial without providing any further information with respect to the requested records. Whereas the Office has failed to satisfy its burden in responding to this request, the Office is hereby ordered to provide Attorney McKenna with copies of all responsive records within ten (1 0) days, or alternatively to provide to Attorney nna a detailed explanation that will satisfy the burden of a government records custodian.in ding to a request for public records. This administrative appeal is now closed. cc: Mr. James P. McKenna, Esq.