Emory Snell, Jr. v. Executive Office of Public Safety and Security - Department of Correction (SPR 20160330)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 26,2016 SPR16/330 Ms. Jeanine Roth Records Manager Executive Office ofPublic Safety and Security MCI Concord 965 Elm Street, P.O. Box 9106 Concord, MA 01742-9106 Dear Manager Roth: I have received the petition of Emory Snell, Jr., appealing the response ofMCI Concord·· Executive Office of Public Safety and Security (Office) to a request for public records. G. L. c. 66 § 1O (b ); .;;ee also 950 C.M.R. 32.08(2). Specifically, Mr. Snell requested copies of certain "body alarm" records. In a response dated April27, 2016 the Office informed Mr. Snell that it is anticipated that it would take the Office up to eight (8) weeks to provide him with the records responsive to his request. The Office further informed Mr. Snell that if the responsive records are not produced within eight (8) weeks the Office would contact him regarding the status of his request. A custodian of records has a duty to comply with a public records request as soon as it is practicable, without unreasonable delay, and always within ten (1 0) calendar days. G. L. c. 66, § 10 (a); 950 CM.R. 32.05(2). The ten-day provision is a maximum, rather than a minimum period for complying with a public records request. Boston Globe Newspaper Company v. Commissioner ofEducation, 439 Mass. 124 (2003). Within that ten-day period, the custodian of records must use his superior knowledge of the records to identify those records that are responsive to the request, conduct a quick search if necessary in order to identifY responsive records, and send a written response. The response must be either an offer to provide the requested materials or a written denial. A denial must detail the specific legal basis for withholding the requested materials. District Attorney for the Norfolk District v. Flatley, 419 Mass. 507, 577 (1995); see also 950 C.M.R. 32.08(1). Given that public records are subject to mandatory disclosure upon request, please be advised that public records must be maintained and kept in a manner that allows and ensures that the records are accessible by the general public. G. L. c. 66, § 1O (a); see also Reinstein v. Police OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Jeanine Roth SPR16/330 Page 2 May 26,2016 Cornm'r of Boston, 378 Mass. 281, 289-90 (1979). Every governmental entity shall maintain procedures that will allow access to public records in its custody at reasonable times and without unreasonable delay to all persons requesting public records. 950 C.M.R. 32.05(2). A custodian has an affirmative obligation to maintain records made or received in the normal course ofhis or her duties. G. L. c. 66, §§ 6, 17, and 17C; see also 950 C.M.R. 32.03 (definition of custodian). I find the Office has yet to properly respond to Mr. Snell's requests for public records. Accordingly, the Office is hereby ordered to provide Mr. Snell with a response to each of his requests, provided in a manner consistent with this order, the Public Records Law and its Regulations. Ifthe Office 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. 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. Lastly, if the Office determines it does not possess responsive records, it must provide a response to Mr. Snell so indicating. A copy of the 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 requesting and responding to requests for public records please refer 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 re uest. Please contact my office directly at the telephone number provided in this deter 'n ti or further information. Supervisor of Records cc: Mr. Emory Smell