Duclos, William v. Department of Correction - MCI Norfolk (SPR 20150345)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 26,2015 SPRlS/345 Mr. William Saltzman, Esq. Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Attorney Saltzman: I have received the petition of William Duclos appealing the nomesponse of the Department of Correction (Department) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Duclos requested records regarding housing risk assessment. 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). In a June 10, 2015 email to this office Danielle Moreira indicated a copy of the response by the Department would be provided. To date this office has not received a copy of any response to Mr. Duclos' request. Accordingly, I will consider this administrative appeal closed with the proviso that a copy ofthe response be provided to my office within ten (10) days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. William Saltzman, Esq. SPR15/345 Page Two June 26, 2015 Mr. Duclos may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). ours, n Supervisor of Records cc: Mr. William Duclos