Jim Haddadin v. Executive Office for Administration and Finance - Office of Information Technology (SPR 20160959)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 10, 2016 SPR16/959 Michelle M. Burwell Records Access Officer Mas siT One Ashburton Place; Room 804 Boston, MA 021 08 Dear Ms. Burwell: I have received the petition of Jim Haddadin of Metrowest Daily News appealing the response of MassiT to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, on June 21, 2016 Mr. Haddadin requested a copy of records associated with prior appeals between Mr. Haddadin and MassiT. Based upon MassiT's response Mr. Haddadin appealed. As I indicated in a voicemail message to you, I find an in camera review would assist resolving this matter, which spans several previous appeals. See SPR15/877, SPR16/307, SPR16/528, SPR16/959 Determinations ofthe Supervisor ofRecords (January 8, 2016, October 27,2016, August 6, 2016, November 2, 2016). After I complete my review, I will return the records to your custody and issue an opinion on the public or exempt nature of the record. My authority to require the submission of documents for an in camera inspection emanates from the Code of Massachusetts Regulations. 950 C.M.R. 32.08(6); see also G.L. c. 66, § 1. Records are submitted for the limited purpose of review. This office is not the custodian of records examined in camera, therefore, any request made to this office for records being reviewed in camera will be denied. See 950 C.M.R. 32.03 (defining "custodian" as the government employee who in the normal course of her duties has access to or control over records). This office has a long history of cooperation with governmental agencies with respect to in camera inspection. Custodians submit copies of the relevant records to this office upon a promise of confidentiality. This office does not release records reviewed in camera to anyone under any circumstances. Upon a determination of the public record status, records reviewed in camera are promptly returned to the custodian. To operate in any other fashion would seriously One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Michelle M. Burwell SPR16/959 Page2 November 10,2016 impede our ability to function and would certainly affect our credibility within the legal community. Order Accordingly, MassiT is hereby ordered to provide this office with umedacted copies of the responsive records for in camera review along with an explanation of its position regarding the applicability of the claimed exemptions to the responsive records without delay. Please be advised that any cover letter accompanying the materials submitted for in camera review will be considered a public record and will be retained as part of the file associated with this appeal. ams ecords cc: Jim Haddadin