Todd Wallack v. Office of the Comptroller (SPR 20180587)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 11, 2018 SPR18/587 Katie Kendall Director of Special Projects Office of the State Comptroller One Ashburton Place, 9th Floor Boston, MA 02108 Dear Ms. Kendall: I have received the petition of Todd Wallack of the Boston Globe appealing the response of the Office ofthe Comptroller (Office) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Wallack requested earning records oftwo identified employees. In its April27, 2018 response the Office asserts "[a]ny information related to why these employees do not appear on CTHRU should be directed to the State Police for more information since POL is responsible for entry of payroll for employees." 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 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. 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

Katie Kendall SPR18/587 Page 2 May 11, 2018 Current appeal In his appeal petition, Mr. Wallack asserts "I understand the Office of the Comptroller processes the payroll records for the executive branch, including the Department of State Police, and is the primary custodian of the payroll records for those two employees. As you may recall, the Department of State Police has previously directed me to the Office of the Comptroller when I requested payroll records for State Police employees." Although the Office notes that information related to why these employees do not appear on CTHRU should be directed to the State Police, it must confirm whether it possesses any responsive records. See G. L. c. 66, § 10(b)(ii)-(iv) (providing that an agency must identify any public records or categories of public records sought that are not within the possession, custody, or control of the agency that the records access officer serves; identify the agency or municipality that may be in possession, custody or control of the public record sought, if known; and/or identify any records, categories of records or portions of records that the agency intends to withhold, and provide the specific reasons for such withholding). Conclusion Accordingly, the Office is ordered to provide Mr. Wallack a response 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. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Todd Wallack