Wallace, Willie v. Essex County Correctional Facility (SPR 20150483)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords August 21, 2015 SPRlS/483 Mr. Scott B. Sullivan, Esq. Essex County Correctional Facility 20 Manning Ave, P. 0. Box 807 Middleton, MA 01949-2807 Dear Attorney Sullivan: I have received the petition of Willie Wallace appealing the response of the Essex County Correctional Facility & Sheriffs Department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically Mr. Wallace requested copies of records regarding certain water, ventilation and sanitation inspections. In a response dated March 4, 2015 the Department denied his request in its entirety citing to Exemptions (b), (f) and (n) of the Public records Law. Please note that the personal status of Mr. Wallace 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). 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, § 10(a); see also Reinstein v. Police Comm'r ofBoston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are not blanket in nature). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Scott B. Sullivan, Esq. SPR15/483 Page Two August 21,2015 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, § lO(c) (emphasis added). See also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); District Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995). Exemption (n) Exemption (n) applies to records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety G. L. c. 4, §7 (26) Exemption (n) allows for the withholding of certain records which if released would undermine public safety. It is the duty ofthe custodian of records to exercise reasonable judgment to determine whether release of the record is likely to jeopardize public safety. Given the unique statutory construction of Exemption (n), records released to a particular individual through this exemption need not be released to all subsequent requestors. See SPR Bulletin NO. 04-03 (Aprill, 2003). In the Department's response you explained that the department's overall mission is the care, custody and control of the inmate population and protecting its staff and the public at large. Disclosure of the responsive records would disclose the Department's playbook in areas of weakness, and permit inmates the ability to access and circumvent the very practices, procedures, deficiencies and areas of vulnerability addressed in the materials in question. I find the Department has met its burden of specificity in denying access to public records pursuant to Exemption (n). Accordingly, I will not opine on the Department's Exemption (b) and (f) claims.

Mr. Scott B. Sullivan, Esq. SPR15/483 Page Three August 21,2015 This administrative appeal is now closed. ll/ll1 Supervisor of Records cc: Mr. Willie Wallace