Arthur Burnham v. Worcester County Sheriff's Office (SPR 20160638)

The Commonwealth ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 31, 2016 SPR16/638 Mr. Andrew J. Abdella, Esq. General Counsel Office of the Sheriff of Worcester County 5 Paul X. Tivnan Drive West Boylston, MA 025 83 Dear Attorney Abdella: I have received the petition of Arthur Burnham appealing the response of the Office of the Sheriff of Worcester County (Office) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Burnham requested copies of certain correctional facility logs and rosters. In a written response the Office denied his request pursuant to Exemption (n), the public safety exemption of the Public Records Law. G. L. c. 4 § 7(26)(n). Exemption (n) Exemption (n) applies to records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety G. L. c. 4, §7 (26) Exemption (n) allows for the withholding of certain records which if released would undermine public safety. It is the duty ofthe custodian of records to exercise reasonable judgment to determine whether release of the record is likely to jeopardize public safety. In your July 5 letter you explain that the logs and in question relate to matters affecting security measures, emergency preparedness, and vulnerability assessments which relate to the One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Andrew J. Abdella, Esq. SPR16/638 Page 2 August 31,2016 safety and security of persons or property in and around structures and facilities, including utility and transportation infrastructure. It is the finding of this office that the Office properly withheld the requested records from disclosure pursuant to Exemption (n) of the Public Records Law. Accordingly, I will consider this administrative appeal closed. ervisor of Records cc: Mr. Arthur Burnham