David Abel v. Department of Correction - Legal Division (SPR 20182026)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 28, 2018 SPRlS/2026 Jason Dobson Deputy Director of Communications Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Mr. Dobson: I have received the petition of David Abel of the Boston Globe appealing the nomesponse of the Department of Correction (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Abel requested results and reports of water quality tests performed since 201 7 at a specifically identified institution as well as rules and procedures for allowing public access to state prisons. Having received no response, he petitioned this office. The Public Records Law Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days ofreceipt of the request. G. L. c. 66, § lO(a)-(b). The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(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, § 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, § 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

Jason Dobson SPR18/2026 Page 2 December 28, 2018 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Order Despite being notified of the opening of this appeal and a communication from a member of the Public Records Division staff, no response has been provided. Accordingly, the Department is hereby ordered to provide Mr. Abel with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within I 0 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: David Abel