Karina Wilkinson v. Suffolk County Sheriff's Department (SPR 20180538)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 7, 2018 SPRlS/538 Maria Romero Suffolk County Sheriffs Department 20 Bradston Street Boston, MA 02118 Dear Ms. Romero: I have received the petition of Karina Wilkinson appealing the nonresponse of the Suffolk 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, Ms. Wilkinson requested documents containing inmate calling service (ICS) provider phone rates, site commission percentages and the current contract for ICS in correctional facilities in the county. In addition, Ms. Wilkinson requested documents showing the amount of revenue paid to the county by the ICS provider for a specific time period. Having received no response, Ms. Wilkinson appealed to this office. 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, § IOA(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, § IO(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. 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

Maria Romero SPR18/538 Page2 May 7, 2018 Order Despite being notified of the opening of this appeal and communications with a member of the Public Records Division staff, no response has been provided. Accordingly, the Department is ordered to provide Ms. Wilkinson with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Katrina Wilkinson