Duclos, William v. Massachusetts Parole Board (SPR 20140642)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 26, 2015 SPR14/642 Mr. Peter M. Mimmo, Esq. Massachusetts Parole Board Advisory Board of Pardons 12 Mercer Road Natick, MA 01760 Dear Attorney Mimmo: I have received the petition of William Duclos appealing the response of Executive Office of Public Safety- Parole Board (Board) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Duclos requested copies of records regarding a parole hearing. In a response dated October 16, 2014 the Board indicated it would provide copies of responsive records. Mr. Duclos petitioned this office contending that the Board failed to provide all responsive records. Mr. Duclos also objected to certain redactions in the records provided. 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). Please note that the personal status of a requestor of records in the matter in question 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). 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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Peter M. Mimmo, Esq. SPR14/642 Page Two January 26, 2015 Upon the subsequent intervention of my office the Board provided additional responsive records. In a letter dated November 6, 2014 you informed this office that the Board redacted portions of the Commitment Summary pursuant to Exemptions (a), (c), (f) and (1) of the Public Records Law. It is important to note that the Board copied Mr. Duclos on this letter, providing him the same explanation provided to this office. I find this act by the Board assisted in meeting its burden of specificity under the Public Records Law. Accordingly, this administrative appeal is now clos awn Supervisor of Records cc: Mr. William Duclos Ms. Julie C. Pease Ms. Stacy Book