Allyn, Shawn v. Hampden County Sheriff's Department (SPR 20150811)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 18,2015 SPRlS/811 Ms. Theresa Finnegan, Esq. Staff Attorney Hampden County Sheriff's Department 627 Randall Road Ludlow, MA 01056-1079 Dear Attorney Finnegan: I have received the petition of Shawn P. Allyn, Esq. of Allyn & Ball, P.C. appealing the response of the Hampden County Sheriff's Department (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Allyn requested: 1. The total dollar amount in the Inmate Account and all sub-accounts for the past twenty-four months, 2. List of all expenditures from the Inmate Account for the past twenty-four months, 3. List of all attorneys, lay person, or any other individual receiving payment from the Inmate Account and sub-accounts for the past thirty-six months, 4. Accounting of the Sunshine Account for the past thirty-six months, and 5. A list of any payment made to any person, entity, law firm or any other being from the Sunshine Account for the past thirty-six months. 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). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Theresa Finnegan, Esq. SPR15/811 Page Two December 18, 2015 Requests 1, 4 and 5 satisfied In a telephone conversation on December 15, 2015 you explained that the Department has provided records responsive to Requests 1, 4 and 5. You further explained that with respect to Request 5 Attorney Allen was not satisfied with the record provided. In an October 13, 2015 email to Attorney Allyn you stated that he could "come view the [bank] statements [associated with the Family Sunshine Fund], or [the Department] can go through them and have them copied at [Attorney Allyn's] expense." It is my understanding you have received no additional communication from Attorney Allyn on your offer with respect to Request 5. Whereas the Department has provided records responsive to Request 1, 4 and 5, and has further offered to provide additional information, I will consider this portion of Attorney Allyn's appeal closed. Request 2 With respect to Request 2 and 3, the Department withheld responsive records, citing the privacy exemption to the Public Records Law. G. L. c. 4, § 7 (26) (c). In your October 5, 2015 response to Attorney Allyn you explained that inmate accounts in the Department contain funds deposited and withdrawn by individual inmates. To support your exemption claim you explain: The amount of money that inmates maintain in their accounts and what they choose to purchase with it is private and personal. [The Department does] not even disclose such information to family members of inmates due to concerns for inmate privacy. Additionally, there is no public interest to be furthered by disclosing details related to the inmates personal accounts. Their accounts contain money belonging to them, not tax-payer money, and they are free to spend their money without sharing the details of what they spend it on with the public. Such accounts are akin to private bank accounts. The second clause of Exemption (c) speaks directly to unwarranted invasions of personal privacy. An individual is entitled to privacy with respect to personal associations. How an individual inmate manages his or her funds contained in a Department-managed bank account is such an intimate detail. Further, the Department has stated in writing, and confirmed in a telephone conversation on December 15, 2015 that no tax-payer funds are found in the inmate accounts; the funds consist solely of the personal funds of each inmate. Accordingly, I find the Department acted within its discretion in withholding records responsive to Request 2.

Ms. Theresa Finnegan, Esq. SPR15/811 Page Three December 18, 2015 Request 3 In your written responses and during our telephone conversation on December 15, 2015 you expressed confusion with respect to Request 3. Your inference is that Attorney Allyn seeks records associated with payments made from inmate funds to Department employees. You stated that if this is the request, the response would be that there are no responsive records. Conclusion I find the Department has provided responsive records with respect to Requests 1, 4 and 5. I further find that the Department has met its burden of specificity with respect to information responsive to Request 2. Finally, the Department has stated it has o records responsive to Request 3. cc: Shawn P. Allyn, Esq.