Robert Cantell v. Massachusetts Treatment Center (SPR 20180443)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 18, 2018 SPR18/443 Ms. Donna Swanson Records Access Officer Massachusetts Treatment Center 30 Administration Road Bridgewater, MA 02324 Dear Ms. Swanson: I have received the petition of Mr. Robert Cantell appealing the response of the Massachusetts Treatment Center (Center) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Cantell requested documents from any investigation related to his removal from general population. In a response dated March 19, 2018, the Center responded to Mr. Cantell, denying access to the requested records and claiming he was "not entitled to the documents." Unsatisfied with this response, Mr. Cantell petitioned this office, and this appeal was opened as a result. 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, § lOA(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 forthe 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 . . 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. 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

Mr. Robert Cantell SPR18/443 Page 2 April 18, 2018 Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Center provided Mr. Cantell with responsive records in a response dated April 13, 2018. Accordingly, as the basis of this appeal was the Center's failure to provide responsive records, I will now consider this administrative appeal closed. Mr. Cantell may appeal the substantive nature of the Center's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~y~ Supervisor of Records cc: Robert Cantell