Benjamin Silva v. Massachusetts Treatment Center (SPR 20180987)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division. Rebecca S. Murray Supervisor of Records July 17, 2018 SPRlS/987 Donna Swanson 30 Administration Road Bridgewater, MA 02324 Dear Donna Swanson: I have received correspondence from Benjamin Silva appealing the response of the Massachusetts Treatment Center (Center) to a request for public records. G. L. c. 66, § lO(A); see also 950 C.M.R. 32.08(1). Specifically, Mr. Silva requested four categories ofrecords concerning a treatment program. Previous Appeal This request was the subject of a previous appeal. See SPRl 8/413 Determination of the Supervisor of Records (April 11, 2018). I closed SPRl 8/413 by ordering the Center to provide Mr. Silva with a response explaining if they possess any other records responsive to his request. Current Appeal In a response dated April 15, 2018, Program DirectorKim Julius expressed to Mr. Silva that the Center is unable to provide him any additional documents unless he is enrolled in the Sex Offender Treatment Program. In the April 15th letter Director Julius writes, "Sex Offender Treatment is offered to incarcerated individuals that have committed a sexual offense and is individualized to their specific needs." Unsatisfied with this response, Mr. Silva petitioned this office and as a result SPRI 8/987 was opened. 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, § lO(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

Donna Swanson SPRlS/987 Page2 Conclusion Although the Center provided Mr. Silva with some of the records, it is unclear why the Center cannot provide Mr. Silva the remaining documents. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Benjamin Silva