Morth, Esq., Karen v. Office of the District Attorney - Hampden District (SPR 20150123)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 6, 2015 SPRlS/123 Ms. Joan E. O'Brien, Esq. Assistant District Attorney Office of the Hampden County District Attorney Hall Of Justice 50 State Street Springfield, MA 01102-0559 Dear Attorney O'Brien: I have received the petition of Karen Morth, Esq., appealing the response ofthe Office of the Hampden County District Attorney (District Attorney) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attomey Morth requested "copies of all documents" related to a specifically identified person. You denied this request, stating your belief that, without additional information, such as "a case or document number," the District Attorney would be unable to determine whether it possessed responsive 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 (199 5) (custodian has the burden of establishing the applicability of an exemption) . ../ Your response did not contain the specificity required in denying access to a public record. Further, by attempting to require Attorney Morth to provide a case or docket number, you seek to shift the burden from the records custodian to the requester. It is the duty of a record custodian to use his superior knowledge of the records to assist a requester in obtaining the records 950 C.M.R. 32.05(4 ). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Joan E. O'Brien, Esq. SPR15/123 Page Two May 6, 2015 In a conversation with an attorney on my staff you explained that the District Attorney has no method of searching for records based upon a name provided by a requester. You further explained that the District Attorney only lists case names and docket numbers of criminal prosecutions in its database, requiring a search through every file to provide responsive records. The inability of the District Attorney to review records in its custody in response to a public records request creates concern for its records management practices. While the existence of a case or docket number would apparently assist in the search for responsive records, the District Attorney may not mandate that a requester search for such information in order to make a public records request. Accordingly, the District Attorney is hereby ordered, within ten (10) day ofthis order, to provide a written response to Attorney Morth to assist her in obtaining any responsive public records in the custody of the District Attorney. The District Attorney may seek clarification from Attorney Morth as to a date range, or type of record she may be seeking. The District Attorney may then provide a fee estimate for any search and segregation required to complete the search. If the District Attorney maintains that any portion of the responsive records are exempt from disclosure it must, within ten (10) days provide to Attorney Morth a written explanation, with specificity, how a particular exemption applies to each record. This administrative appeal is closed. cc: Ms. Karen Morth, Esq.