Ernest Mack v. Executive Office of Public Safety and Security MCI Shirley (SPR 20160085)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 4, 2016 SPR16/085 Mr. Arun Verma Executive Office of Public Safety and Security MCI - Shirley PO Box 1218 Shirley, MA 01464 Dear Mr. Verma: I have received the petition of Ernest Mack appealing the response of MCI - Shirley Executive Office of Public Safety and Security (Office) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). On January 19, 2016, Mr. Mack requested a number of records in regards to the nurses working at the facility, their sign in sheets, and any complaints made about them in the last three (3) years. On January 29, 2016 you denied his request, claiming that it "is not valid." 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). Subsequent to the opening of this appeal, on February 24, 2016 you notified this office that you intend to provide a response to Mr. Mack's request. Accordingly, I will consider this appeal closed with the proviso that the Office provides a written response to Mr. Mack within (10) ten days. Mr. Mack may appeal the substantive nature of the Office's response within ninety (90) days. See 950 C.M.R. 32.08(2). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Arun Verma SPR16/085 Page2 March 4, 2016 If the Office maintains that any portion of the responsive records are exempt from disclosure it must, within ten (1 0) days provide to Mr. Mack a written explanation, with specificity, how a particular exemption applies to each 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, § 10(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). Once the fees are paid, you must provide the responsive records. To assist in responding to requests for public records refer the Office to our publication, A Guide to the Massachusetts Public Records Law. This document is 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 my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determinatio fo information. cc: Mr. Ernest Mack