Melissa A. Celli, Esq. v. Executive Office of Public Safety and Security - Department of State Police (SPR 20160370)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 16, 2016 SPR16/370 Mr. Glenn M. Rooney, Esq. Department of State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Attorney Rooney: I have received the petition of Melisa Allen Celli, Esq., appealing the response of Plymouth District Office of the District Attorney (DAO) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Celli made three (3) requests for copies of records. Attorney Celli requested that all fees associated with her request be waived due to her client's indigence. In a response dated March 3, 2016 the Department refused to respond to her request for public records, stating your belief that Attorney Celli's request is a "post-conviction discovery" request and "must be conducted pursuant to Mass. r. Crim. P. 30." The Public Records Law 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, § 1 0( c); see also District Attorney for the Norfolk Dist v Flatley, 419 Mass 507, 5]] (1995) (custodian has the bnrdeu of establishing the applicability of an exemption). 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. If there are any fees associated with a 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Glenn M. Rooney, Esq. SPR16/370 Page2 June 16, 2016 provide written good faith estimate). Once fees are paid, a records custodian 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 request. Please contact my office directly at the telephone number provided in this determination for further information. Right of access In both her original request and petition to this office Attorney Celli made it clear that her request was intended to be treated under the Public Records Law. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Order I find the Department has failed to respond to a request for public records. Accordingly, the Department is hereby ordered to provide Attorney Celli with a response to the request without delay, prepared in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to thi office. It is preferable to send an electronic copy of this response to this office at ate.ma.us. cc· Ms Melisa A Celli, Esq