Mike Beaudet v. Department of Correction - Legal Division (SPR 20191227)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 2, 2019 SPR19/1227 Jason Dobson Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Mr. Dobson: I have received the petition of Mike Beaudet of WCVB 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 10, 2019, Mr. Beaudet requested "copies of all internal affairs investigations of [an identified individual]." Mr. Beaudet also requested the identified individual's status, "a [c ]opy of the smoking policy and any changes to it since January 1, 2014, [and] [n]umber of DOC employees disciplined for violating the smoking policy from January 1, 2014 to present, including the discipline handed out (suspended for how long, fired, etc.)." On April 24, 2019, Mr. Beaudet requested" ... copies of all internal investigations of [an identified individual]." After receipt of the requests, there were several correspondences between Mr. Beaudet and the Department regarding when the records would be provided. Not receiving the records, Mr. Beaudet petitioned this office and this appeal, SPR19/1227, was opened as a result. 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, § 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, § 1O (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 Ashbu1ion 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 SPR19/1227 Page 2 July 2, 2019 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. In the Department's last correspondence with Mr. Beaudet on May 15, 2019, a representative from the Department indicated that he was going to inquire of the status of the request from the Department's records access officer. As of this date, Mr. Beaudet has not received an update or the records from the Department. In Mr. Beaudet's petition for appeal, he claims "[w]hile [the Department] has provided other information, it has not provided the records and cannot say when or if it plans to ...." Under the Public Records Law and its Regulations all requests for public records must be met with a response within ten business days ofreceipt of the request. G. L. c. 66, § 1O (a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Further, 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 ofrecords at the time of the request. See G. L. c. 66, § 1O (a)(ii), (b )(ii). Consequently, I find the Depaiiment must provide responses to Mr. Beaudet's requests without delay. Conclusion Accordingly, the Department is ordered to provide Mr. Beaudet with responses to his requests, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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: Mike Beaudet