Thomas Greve v. Plymouth County Sheriff's Office (SPR 20171145)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 6, 2017 SPR17/1145 Patrick C. Lee, Esq. General Counsel Plymouth County Sheriffs Department 24 Long Pond Road Plymouth, MA 02360 Dear Attorney Lee: I have received the petition of Thomas Greve appealing the response of the Plymouth County Sheriffs Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Greve requested copies of any materials in the Department's custody related to a specifically identified individual who escaped from Plymouth County Correctional Facility in a specified time frame. The Department responded by stating it had no records for that specified time frame. Mr. Greve appealed to this office believing such records exist. 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, § 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, § 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(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 must not 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

Patrick C. Lee, Esq. SPR17/1145 Page 2 September 6, 201 7 Conclusion Subsequent to the intervention by a member of my staff, this office was notified that a supplemental response was provided, dated August 31, 201 7. In this response the Department indicates it located responsive records but is withholding them under exemptions to the Public Records Law. In light of this subsequent response, I will now consider this administrative appeal closed. Mr. Greve may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor ofRecords cc: Thomas Greve