Richard Kachadorian v. Massachusetts Parole Board (SPR 20160440)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 11, 2016 SPR16/440 Ms. Laura Weierman, Esq. Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Ms. Weierman: I have received the petition of Mr. Richard Kachadorian appealing the response of the Massachusetts Parole Board (Board) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Kachadorian requested copies of all: 1. Instruments and risk-assessment tools used in his case; 2. Forms, checklists, and assessment tools customarily used by the Board for making parole decisions; 3. Investigative reports related to his case; and 4. Written, excerpted, or transcribed verbal, telephone, or electronic communications related to his case. In a response dated May 27, 2016 the Board provided two (2) records of decision. The Board further explained that all other responsive records are being withheld. The Board cited Exemptions (a) and (c), the statutory and privacy exemptions to the Public Records Law, along with the Criminal Offender Records Information (CORI) statute. G. L. c. 4 §7(26)(a), (c) G. L. c. 6 § 172. The Board provided no additional information to support its exemption claims. 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, § 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Laura Weierman, Esq. SPR16/440 Page2 July 11, 2016 Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden 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, § 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 ofrecords shall 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. Order I find the Board has failed to respond to a request for public records. Accordingly, the Board is hereby ordered to provide Mr. Kachadorian with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. 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. Supervisor of Records cc: Mr. Richard Kachadorian