William Nadworny v. Massachusetts Parole Board (SPR 20180779)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 12,2018 SPRl81779 Stacy Book Records Access Officer Massachusetts parole Board 12 Mercer Road Natick MA 0 1760 Dear Ms. Book: I have received the petition from William J. Nadworny appealing the response from the Massachusetts Parole Board (Board) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). On February 19,201 8, Mr. Nadworny requested "an investigation concerning testimony missing on a Parole Board Public Hearing Record DVD." Mr. Nadworny points to several portions of testimony missing from the DVD as the basis of his appeal. The Board provided Mr. Nadworny with a response letter on March 14,2018 which included a DVD copy of the May 12,2015 Parole Hearing. Mr. Nadworny appealed in a letter to this office on May 21,2018. Appeal public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, 5 1O (a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L, c. 66, 5 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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 of records at the time of the request. See G. L. c. 66, rj lO(a)(ii), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if lcnown. See G. L, c. 66, 5 10(b) (iii). 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, rj 10(b)(iv) (written response must "identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific One Ashburton Place, Room 17 19, Boston, Massachusetts 02108 * (61 7) 727-2832. Fax: (61 7) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Stacy Book Pg. 2 June 12,2018 see exemption or exemptions upon which the withholding is based.. ."); 950 C.M.R. 32.06(3); also Dist. Attorney for the Norfolk Dist. v. Flatley, 4 19 Mass. 507, 5 1 1 (19 95) (custodian has the burden of establishing the applicability of an exemption). Mr. Nadworny appealed the Board's March 14'~re sponse, indicating his belief that the Board is withholding information. Mr. Nadworny claims the Board is deliberately removing and withholding testimony from these DVDs. In its March 14"' response, the Board notes "enclosed please find another complete copy of your May 12,2015 parole hearing." The Board describes the previous instances in which it provided responsive records and confirms Mr. Nadworny is in possession of his complete May 12,2015 hearing. Based on the Board's March 14~r"e sponse, I find it has met its burden in responding to this request. See G. L. c. 66, § lO(a)(ii), (b)(ii). Conclusion In light of the Board's March 1 4re~sp~on se describing and confirming there are no additional responsive records that are not already in Mr. Nadworny' s possession, I find the Board has met its burden in responding to this request. See G. L. c. 66, 5 lO(b)(ii)-(iii). Sincerely, Rebecca S. Murray Supervisor of Records cc: William J. Nadworny