Wilson G. Dobson, P.E. v. Department of Conservation and Recreation (SPR 20171707)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 22, 2017 SPR17/1707 Bridget Connelly, Esq. Assistant General Counsel Department of Conservation and Recreation 251 Causeway Street Boston, MA 02114 Dear Attorney Connelly: I have received the petition of Wilson Dobson appealing the response of the Department of Conservation and Recreation (Department or DCR) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dobson requested "all documents including letters, memos, e-mails, reports, and meeting summaries" concerning two identified individuals within the Department relating to various aspects of concern in the Ware River Watershed. Previous appeals This request was the subject of previous appeals. See SPRl 7/173 Determination of the Supervisor of Records (February 15, 2017); SPRl 7/310 Determination of the Supervisor of Records (March 16, 2017); SPRl 7/475 Determination of the Supervisor of Records (April 20, 2017); SPRl 7/663 Determinations of the Supervisor of Records (May 25, 2017; November 6, 111 2017). In my November 6 determination I found the Department had not met its burden to show how all the redacted information within the responsive records provided to Mr. Dobson may be withheld under Exemption (d ). I closed the appeal with the proviso that the Department provide a response to Mr. Dobson, provided in a manner consistent with the order, the Public Records Law and its Regulations. The Department responded on November 22, 2017 by providing records with less redactions. In a cover letter provided with the records, you indicate "I reviewed the withheld emails and identified portions that may be disclosed without tainting the ongoing deliberative processes. The Department's revised response is attached hereto." Mr. Dobson petitioned this office and SPRl 7 /1707 was opened as a result. 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

Bridget Connelly, Esq. SPRl 7/1707 Page 2 December 22, 2017 Current appeal In an email to you on November 26, 2017, Mr. Dobson notes it is unclear to him whether a document was redacted. The Department must clarify this matter and explain how an exemption to the Public Records Law applies to redacted information. See 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. Mr. Dobson also indicates "[p]lease verify whether or not ALL documents responsive to my original request have now been provided with the possible exception of the one noted above." The Department must confirm whether it has provided all responsive records. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § 10(a )(ii). I understand a Public Records Division staff attorney contacted you and you indicated the Department will provide a supplemental response to Mr. Dobson regarding this matter. Conclusion Accordingly, I will consider this appeal closed with the proviso that the Department provide a response to Mr. Dobson, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Rebecca S. Murray Supervisor of Records cc: Wilson Dobson