William Murray v. Department of Correction - Legal Division (SPR 20170087)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 31, 201 7 SPR17/087 Carol A. Colby Labor Counsel Executive Office of Public Safety & Security Department of Correction -Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110 Dear Attorney Colby: I have received the petition of William Murray appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Murray requested the mileage reimbursement form for a specifically identified Department employee for a specific time period. You denied his request, claiming that the responsive record is exempt from the definition of public records under G. L. c. 4, §7(26) (o). 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). Exemption (o) the home address, personal email address and home telephone number of an employee of the judicial branch, an unelected employee of the general court, an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of a political subdivision thereof or of an authority established by the general court to serve a public purpose, in the custody of a government agency which maintains records identifying persons as falling within those categories; provided that the information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired 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

Carol A. Colby SPR17/087 Page 2 January 31,2017 public employees under chapter 180, or a criminal justice agency as defined in section 167 of chapter 6 G. L. c. 4, §7 (26) Subsequent to a conversation with a member of my staff, you indicated the Department's intention to provide Mr. Murray with a supplemental response. I will consider this administrative appeal closed with the proviso that the Department provide Mr. Murray with said response to his request, prepared in a manner consistent with 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. Sincerely, tiUvcAmLwvtotj Rebecca S. Murray Supervisor of Records cc: William Murray