Mike Beaudet v. Executive Office of Health and Human Services - Department of Public Health (SPR 20171255)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 18,2017 SPR17/1255 Helen Rush-Lloyd 250 Washington Street Boston, MA 021 08-4619 Dear Custodian: I have received the petition of Mike Beaudet appealing the response of the Department of Public Health (DPH) to a request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Beaudet requested a list of employees of medical marijuana dispensaries registered in the Commonwealth of Massachusetts. Ms. Helen Rush-Lloyd, DPH Records Access Officer, denied his request, claiming that the responsive records were prohibited from disclosure pursuant to the DPH regulations. 105 C.M.R. 725.200(B). However, the response fails to state an applicable exemption under the Public Records Law. G. L. c. 4, § 7(26). 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, § 1O (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. Order Subsequent to the intervention by a staff member ofthe Public Records Division, I learned that a representative from the DPH intends to provide Mr. Beaudet with a supplemental response to his request in a manner consistent with this order. Accordingly, I will consider this administrative appeal closed with the proviso that the DPH provide Mr. Beaudet with the response within ten business days. It is preferable to send an electronic copy of this response to 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

Helen Rush-Lloyd SPR17/1255 Page 2 September 18,2017 this office at pre@sec.state.ma.us. Mr. Beaudet may appeal the substantive nature of the DPH's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor ofRecords cc: Mike Beaudet