Michael Dreslinski v. Massachusetts Department of Environmental Protection (SPR 20160068)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords DATE, 2016 SPR16/068 Mr. Steven A. Remsberg, Esq. General Counsel Massachusetts Water Resource Authority Charlestown Navy Yard 100 First Avenue, Building 39 Boston, MA 02129 Dear Attorney Remsberg: I have received the petition of Michael Dreslinski appealing the response of Massachusetts Water Resource Authority (Authority) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dreslinski requested copies ofphotos taken during emergency training drill/exercise. In a response dated December 4, 2015 the Authority denied his request pursuant to Exemption (n), the public safety exemption of the Public Records Law. G. L. c. 4 § 7(26)(n). 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 of the custodian of records to exercise reasonable judgment to determine whether release of the record is likely to jeopardize public safety. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Steven A. Remsberg, Esq. SPR16/068 Page2 February 5, 2016 In your December letter you explain that the photos in question relate to matters affecting security measures, emergency preparedness, and vulnerability assessments which relate to the safety and security of persons or property in and around structures and facilities, including utility and transportation infrastructure. It is, therefore, the finding of this office that the Authority may withhold the requested records from disclosure pursuant to Exemption (n) of the Public Re ords Law. cc: Mr. Michael Dreslinski