Stainbrook, Don v. Department of Public Safety (SPR 20150255)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 19,2015 SPR15/255 Ms. Theresa Lepore, Esq. Department of Public Safety One Ashburton Place, Room 1301 Boston, MA 021 08-1618 Dear Attorney Lepore: I have received the petition of Don Stainbrook appealing the response of Department of Public Safety (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Stainbrook requested records related to a site visit made by a Department employee on January 21,2015, to the Heritage Plantation (DBA Heritage Museums & Gardens) Aerial Adventure Park project. The Department responded by providing a number of records responsive to Mr. Stainbrook's request. The basis of Mr. Stainbrook's appeal is that he believes that a report or memorandum must exist of the site visit to the project, which has not been provided. It is unclear from your written response to Mr. Stainbrook or from the correspondence to my office whether such a memorandum or report exists in the possession of the Department. 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). Public records, and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § 1O (a); see also Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature). The Department has yet to meet its burden in proving with specificity why responsive records have not been made available. Accordingly, the Department is hereby ordered, within ten (1 0) days of this order, to provide Mr. Stainbrook with the requested records. If the Department maintains that the responsive records do not exist, the Department is further ordered to explain that fact in writing. cc: Mr. Don Stainbrook OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre