Michael P. Dreslinski v. Department of Correction - Legal Division (SPR 20190878)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 15, 2019 SPR19/878 Kate M. Silvia Department of Correction 50 Maple Street, Suite 3 Milford, MA O1 7 57 Dear Kate Silvia: I have received the petition of Michael P. Dreslinski appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on April 15, 2019, Mr. Dreslinski requested, "a paper copy of the following public record requests, as well as the written DOC response to each identified request (written response only, not records provided as being responsive to the request)." 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, § IOA(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. Current Appeal In a response letter dated April 22, 2019, the Department states, "[p]lease be advised that this office does not have possession of the above mentioned records. If these requests were made to a Facility of Division RAO, you would need to request the records from those individuals who 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

Kate M. Silvia SPR19/878 Page 2 May 15, 2019 responded to your request." Unsatisfied with this response, Mr. Dreslinski petitioned this office and as a result SPR19/878 was opened. In his petition dated May 1, 2019, Mr. Dreslinski states, "[t]he records sought by the petitioner are listed on the Secretary of the Commonwealth's website under G. L. c. 66, §6A(e) as being received and responded to by the DOC. Despite the listing, the DOC inexplicitly claimed on April 22, 2019 that they do not possess any of the requested records." Although the Department states, "this office does not have possession of the above mentioned records", it is unclear if the Department possesses any records responsive to Mr. Dreslinski's request. Conclusion In light of the Department's April 22nd letter, as well as Mr. Dreslinski's May 1st petition, this office encourages the Department and Mr. Dreslinski to communicate further to enable the Department to provide the requested public records. G. L. c. 66, § lO(a)(i) (the request must reasonably describe the public record sought). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Please note, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). If unresolved issues remain, Mr. Dreslinski may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~ u r r ~ Supervisor of Records cc: Michael Dreslinski