Jamie Bent v. Department of Correction - Treatment Center (SPR 20190486)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 19, 2019 SPR19/486 Suzanne Thibault Superintendent Old Colony Correctional Center One Administration Road Bridgewater, MA 02324 Dear Superintendent Thibault: I have received the petition of Jamie Bent appealing the response of the Department of Correction - Old Colony Correctional Center (Department) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Bent requested a copy of: 1. Any and all investigation reports, and/or internal affairs reports and investigation reports for Inquiry #18-29, and all other reports (names redacted), that involve [two identified correctional staff members]; and 2. All video evidence for the time of approximately 4:00[PM] to 4:35[PM] for the orientation unit and directly outside the orientation unit that would show an altercation between [ an identified inmate] and correctional staff members for the date of June 21, 2018. In a January 7, 2019 response, the Department informed Mr. Bent that it was enclosing previously requested and provided records pertaining to Inquiry #18-29, and that these requested records were provided according to a Department Regulation, 103 C.M.R. 151 CORI Policy. However, the Department denied Mr. Bent's request for "any other investigative documents related to two [identified Department correctional officers]." As a result, Mr. Bent petitioned the Supervisor, and this appeal was opened. Appeal process The Department informed Mr. Bent that he had a right to request the records pertaining to Inquiry# 18-29 under a Department regulation, 103 C.M.R. 151. It should be noted that the administrative process under the Public Records Law "shall not apply to records in which an individual, or a representative of the individual, has a unique right of access to the record through statutory, regulatory, judicial or other applicable means." See 950 C.M.R. 32.08(l)(a). 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

Superintendent Suzanne Thibault SPR19/486 Page2 March 19, 2019 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, § 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, § 7(26). Burden of specificity The Department denied Mr. Bent's request without claiming any Public Records Law exemption(s) to support the withholding of the responsive records. Under the Public Records Law, the burden shall be upon the custodian to prove with specificity the exemption which applies. G. L. c. 66, § lO(b)(iv); see also Globe Newspaper Co. v. Police Comm'r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. The Department did not meet its burden of demonstrating how the responsive records, in their entirety, are exempt from disclosure. See Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). The Department did not identify the records, categories of records or portions of records in its possession that are responsive to Mr. Bent's requests for internal and/or internal affairs investigations pertaining to the identified correctional officers and video footage of the underlying incident. To deny access to a record under the Public Records Law, a records access officer must identify the record, categories of records, or portions of the record it intends to withhold. G. L. c. 66, § lO(b)(iv); 950 C.M.R. 32.06(3)(c)(4). Here, the Department withheld responsive records without identifying what type of records it has in its possession that it is withholding. The Department was provided with a copy of the appeal file by a Public Records Division staff member. Conclusion Accordingly, the Department is ordered to provide Mr. Bent with a response regarding his request, 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. cc: James Bent