Robert W. Anderson, Jr. v. Department of Correction - Legal Division (SPR 20170834)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervrsor of Records July 3, 2017 SPR171834 Joan T. Kennedy Constant, Esq. Legal Divisioii Department of Correction 70 Franklin Street, Suite 600 Boston, MA 02 11 0-13 27 Dear Attorney Kennedy Constant: I have received the petition of Robert W. Anderson, Jr, appealing the response of the see Department of Correction (Department) to a request for public records. G. L. c. 66 $ IOA; 950 C.M.R. 32.08(1). Specifically, Mr. Anderson requested some 40 categories of records from the Department. This request was the subject of a previous appeal. SPR 1714 17 Determination of the Supervisor of Records (April 10, 201 7). In my April lot" determination, I closed the appeal with the proviso that a response be provided to Mr. Anderson on April 2 1,201 7. In correspondence dated Julie 16, 2017, Mr. Aiiderson notified this office he had received no response from the Department and this appeal, SPR 171834, was opened as a result. TIze Public Records Lnrv The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, $ 10A(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, 5 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, $ lO(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 4 19 Mass. 507, 5 1 1 (1 995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must iiot only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. 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. Page 2 July 3, 2017 Order Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) business days of receipt of the request. G. L. c. 66, § lO(a),(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, 5 lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. I find the Department has failed to respond to a request for public records. Accordingly, the Department is hereby ordered to provide Mr. Anderson Jr, with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (1 0) business days. 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, Rebecca S. Murray Supervisor of Records cc: Robert W. Anderson, Jr.