Robert W. Anderson, Jr. v. Department of Correction - Legal Division (SPR 20170417)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 10, 2017 SPR17/417 Joan T. Kennedy Constant, Esq. Legal Division Department of Correction 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Attorney Kennedy Constant: I have received the petition of Robert W. Anderson, Jr. appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66 § IOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Anderson requested some 40 categories ofrecords from the Department. This request was the subject of a previous appeal. See SPR 17/330 Determination of the Supervisor of Records (March 17, 2017). In my March 1J 1h determination, I closed the appeal as a further response was provided to Mr. Anderson on March 16, 2017, in which he was notified that "due to the magnitude and complexity of your request" it had been forwarded to the Department's Legal Office for fulfillment. In correspondence dated March 24; 2017, Mr. Anderson notified this office he had received no final response from the Department and this appeal, SPR 17/417, was opened as a result. 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, § 1O A( d); 950 C.M.R. 32.03(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, § IO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. 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 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

Joan T. Kennedy Constant, Esq. SPRl 7/417 Page 2 April 10, 2017 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Conclusion Subsequent to an April 10, 2017 telephone conversation with a member of the Public Records Division staff, you agreed to a production deadline of April 21, 2017. I will therefore consider this administrative appeal closed with the proviso that a final response is provided to Mr. Anderson by April 21, 2017. 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. Mr. Anderson may appeal the substantive nature of this response within ninety (90) days. See 950 C.M.R. 32.08(2). Sincerely, Rebecca S. Murray Supervisor of Records cc: Robert W. Anderson, Jr.