Benjamin Silva v. Massachusetts Treatment Center (SPR 20180413)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 11, 2018 SPR18/413 Donna Swanson Massachusetts Treatment Center 3 0 Administration Road Bridgewater, MA 02324 Dear Ms. Swanson: I have received the petition of Benjamin Silva appealing the response of the Massachusetts Treatment Center to a request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Silva requested four categories of records concerning a treatment program. Previous appeals This request was the subject of previous appeals. See SPRl 8/241 Determination of the Supervisor of Records; SPR18/253 Determination of the Supervisor of Records; SPR18/254 Determination of the Supervisor of Records. I closed these appeals by ordering the Center to provide Mr. Silva with a response to the requests, provided in a manner consistent with the orders, the Public Records Law and its Regulations. The Center provided a response dated March 6, 2018 in which it provided a copy of the Arousal Management & Covert Scripts Class Syllabus (State) in addition to the Understanding Sexual Interest Psyche-Educational Class Syllabus. The Center further expressed to Mr. Silva that the records requested are individually based according to clinical need. Mr. Silva petitioned this office and SPRl 8/413 was opened as a result. Public Records Law Please be advised, 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). 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

Donna Swanson SPR18/413 Page 2 April 11, 2018 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records Current appeal In the Center's March 61 h response, Program Director, Kim Julius, provided Mr. Silva two syllabi and stated, "[a]ll sexual arousal material and recommendations are individually based according to clinical need." In his March 26, 2018 appeal petition, Mr. Silva objected to the Center's response regarding his request for records. Mr. Silva expressed that he did not receive the records he requested on January 20, 2018 in entirety. He further states that he believes the records he requested on January 21, 2018; January 27, 2018; and January 28, 2018 have been altered. In his petition Mr. Silva explains he seeks all records responsive to his request "including but not limited to, the Understanding Sexual Interest 'Staff Syllabus' and 'Staff Teaching Guide' that correspond to the version of the Understanding Sexual Interest Psych-Educational Class Syllabus." Specificity Please note 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, § 1 O(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 ofan 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. Conclusion Although the Center provided Mr. Silva with some of the records, it is unclear if the Center possesses any other records responsive to his request. Accordingly, the Center is ordered to provide Mr. Silva with a response to the requests, 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.

Donna Swanson SPR18/413 Page 3 April 11, 2018 Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Benjamin Silva