Bonita Tenneriello, Esq. v. Executive Office of Public Safety and Security - Department of Correction (SPR 20160022)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 5, 2016 SPR16/022 Mr. William D. Saltzman, Esq. Department of Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Attorney Saltzman: I have received the petition of Bonita Tenneriello, Esq. of Prisoners Legal Services appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Tenneriello requested a copy of two categories of records, including (1) certain monthly rosters; and (2) certain institutional fact cards. The Department provided the responsive institutional fact cards, however withheld the rosters in their entirety as Criminal Offender Record Information (CORI). Attorney Tenneriello appealed the denial. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lO(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 her June 17, 2015 letter, Attorney Tenneriello stated that she would accept copies of the rosters with the names and other private information of the inmates redacted from the rosters. An attorney on my staff telephoned you to discuss why the records cannot be redacted. You informed this office on January 29, 2016 that the Department will provide Attorney Tenneriello with a more detailed response. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. William D. Saltzman, Esq. SPR16/022 Page 2 · February 5, 2016 Accordingly, I will consider this administrative appeal closed, with the proviso that the Department, within ten (1 0) days, provide Attorney Tenneriello with a detailed response prepared in a manner consistent with this order, the Public Records Law and its Regulations. If the Department maintains that any portion of the responsive records are exempt from disclosure it must provide a written explanation, with specificity, how a particular exemption applies to each record or each portion of a record. To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). To assist the Department in responding to requests for public records, I have enclosed a copy of our publication, A Guide to the Massachusetts Public Records Law. This document is also available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of y staff will visit a records custodian in person to conduct training workshops on the Pub ic Records Law upon request. Please contact my office directly at the telephone numb r ided in this determination for further information. ( V~ry t 1 yours, ~Iiams \ .• ervisor of Records Enclosure cc: Ms. Bonita Tenneriello, Esq.