Richard Kachadorian v. Massachusetts Parole Board (SPR 20161122)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 16, 2016 SPR16/1122 Laura Weierman, Esq. Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Attorney Weierman: I have received the petition of Richard Kachadorian appealing the response 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). This request was the subject of a previous appeals, See SPR16/440 Determination of the Supervisor of Records (July 11, 2016) and SPR16/899 Determination of the Supervisor of Records (October 27, 2016). 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, § 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 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, § lO(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 provide written good faith estimate). Once fees are paid, a records custodian must provide the responsive records. 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

Laura Weierman, Esq. SPR16/l 130 Page2 December 16, 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. In the Board's October 28, 2016 letter it explained that portions of the responsive records "have been withheld or redacted pursuant to 120 C.M.R. 500.06 and/or 120 C.M.R. 500, et seq., or if otherwise deemed confidential by the Parole Board." However, the Board's response does not cite an exemption to the Public Records Law. To meet the specificity requirement the Board must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. I find the Board must provide another response that meets these requirements. I understand an attorney on my staff contacted you about this appeal. Order 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. cc: Richard Kachadorian