Eve Carson v. Essex District Attorney's Office (SPR 20181682)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 26,20 18 SPRl811682 David F. O'Sullivan, Esq. Assistant District Essex District Attorney's Office Ten Federal Street Salem, MA 01970 Dear Attorney O'Sullivan: I have received the petition of Eve Carson appealing the response of Essex County District Attorney's Office (Office) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, on September 9,2018, Ms. Carson requested thirteen categories of records regarding an identified unresolved homicide. Previous appeal The requested record was the subject of a previous appeal. SPR1811420 Determination of the Supervisor of Records (October 9, 2018). In my October 9th determination, I ordered the Office to provide Ms. Carson with a response to the request, provided in a manner consistent with the order, the Public Records Law, and its Regulations within ten business days. The Office provided a response on November 8,2018. Unsatisfied with the Office's response, Ms. Carson petitioned this office and this appeal, SPR1811682, was opened as a result. Tlze 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 1O A(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, 41 9 Mass. 507, 5 11 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian 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

David 0' Sullivan Page 2 November 26,20 18 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. The Ofice's November response In its November 8,2018 response, the Office indicates that Ms. Carson's request is identical to documents requested in SPR1811083. The Office also states that it received all of these records which were provided to them by Ms. Carson. Based on the Office's response, and in light of the fact that Ms. Carson is in possession of the requested records, it is unclear what the basis of Ms. Carson's appeal is. Ms. Carson must clarify this matter. Sincerely, C/ Rebecca S. Murray Supervisor of Records cc: Eve Carson