Bruce Gellerman v. Department of Correction - Legal Division (SPR 20181558)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 5,20 18 SPRl811558 Jason Dobson Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Mr. Dobson: I have received the petition of Bruce Gellerman appealing the nonresponse of the Department of Correction (Department) to a request for public records. G. L. c. 66 5 IOA; see 950 C.M.R. 32.08(1). Specifically, Mr. Gellerman requested reports and statistics on all major lockdowns and shaltedowns at an identified correctional center. Having received no response, he petitioned 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, 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 lO(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. 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

Jason Dobson Page 2 November 5,2018 Order Despite being notified of the opening of this appeal and correspondence from a member of the Publics Records Division staff, no response has been provided. Accordingly, the Department is ordered to provide Mr. Gellerman 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: Bruce Gellerman