Michael Dreslinski v. Department of Correction - MCI Shirley (SPR 20181023)

The Commo~lwealtho f Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 23,2018 SPR1811023 Elizabeth Kingman Records ManagerIPublic Access Officer Department of Correction - MCI Shirley P.O. Box 1218 Shirley, MA 01 464 Dear Ms. Kingman: I have received the petition of Michael Dreslinski appealing the response of the Department of Correction - MCI Shirley (Department) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, in a letter dated April 17,2018, Mr. Dreslinslti requested various records related to an identified individual. In a response dated May 4,201 8, the Department provided some responsive records and denied access to others under Exemptions (f) and (n) of the Public Records Law. G. L. c. 4, 5 7(26)(f), (n). 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, 5 10A(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, 5 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, 5 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 51 1 (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, 5 lO(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

Elizabeth Kingman Page 2 July 23,2018 The Department's May 4thr esponse; specificity In its May 4" response, the Department indicates that Mr. Dreslinski's "request seeking IPS activity while at MCI-Shirley, is denied under M.G.L. c. 4, fj 7, cl. 26(f) and (n) materials pertaining to investigatory information is exempt under the security aspect of the law." Under the Public Records Law states the burden shall be upon the custodian to prove with speciJicity the exemption which applies. G. L. c. 66, fj 10(b)(iv); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 5 1 1. The Department's response did not contain the specificity required in a denial of access to public records. Instead, the Department's response merely cites Exemptions (f) and (n) without any further explanation as to the exemptions' applicability to the requested records. The Department is not permitted to issue a blanket denial without providing any further information with respect to the requested records. As a result, I find that the Department did not satisfy its burden in responding to this records request. The Department is advised that a records custodian is required to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records in order to comply with the Public Records Law and its Access Regulations. Conclusion Given that the Department has not met its burden to explain how an exemption applies to the requested records, the requested records may not be withheld. Accordingly, the Department is ordered to review the records, redact where necessary, and provide Mr. Dreslinski with responsive records, 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. The Department may file a request for reconsideration of this determination within ten business days of the date of this determination letter. Sincerely, - Rebecca S. Murray Supervisor of Records cc: Michael Dreslinski