Shane Moffat v. Executive Office of Public Safety and Security - Department of Correction (SPR 20160604)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A. Williams Supervisor of Records

August 17, 2016 SPR16/604

Ms. Kimberly Lincoln Susan-Baranowski Correctional Center P. O. Box 8000

Shirley, MA 01464

Dear Ms. Lincoln:

[have received the petition of Shane Moffat appealing the response of the Department of Correction (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.MLR. 32.08(2). Specifically, Mr. Moffat requested access to, copies of and /or disclosure of “Complete listing of all individual(s) and or organizations facilitating program referred to as the ‘Security Threat Group Derailment Program’”. In a response dated June 29, 2016 the Department provided responsive records in redacted form. In its response the Department failed to provide an explanation for withholding the redacted information, and Mr. Moffat appealed.

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).

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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the each withheld or redacted portion of the responsive record.

A records custodian denying access to any portion of a public record must inform the requester of the administrative remedy to a denial of access. 950 C.MLR. 32.08(1).

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 - (617) 727-2832 - Fax (617) 727-5914

Wwww.sec.state.ma.us/ pre

Ms. Kimberly Lincoln SPR16/604 Page 2 August 17, 2016

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

In an August 15, 2016 telephone conversation with me you agreed to review Mr. Moffat’s request and provide a revised response. Accordingly, the Department is hereby ordered to review Mr. Moffat’s request and provide a revised response, 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 this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us.

upervisor of Records

cc: Mr. Shane Moffat