Howard B. Brown v. Massachusetts Parole Board (SPR 20191916)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supen,isor ofR ecords October 3, 2019 SPR19/1916 Stacy Book Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Stacy Book: I have received the petition of Howard Brown appealing the response of the Massachusetts Parole Board (Board) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1) Specifically on August 26, 2019, Mr. Brown requested: 1. "The policy, rule, or procedure for the disposition of M. G. L. c. 30A §8 Request for Advisory Ruling petitions; and 2. The policy, rule, regulations, or procedures for an Administrative Remedy for Grievances." In a letter dated September 9, 2019, Attorney Charles Walsh of the Board provided Mr. Brown a response. In the September 9th response Attorney Walsh states, "[p]lease refer to 120 C.M.R 304.00 for the procedures for appealing a parole decision." Unsatisfied by this response, Mr. Brown appealed to this office and as result SPR19/1916 was opened. ·T he 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, § 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

SPR19/1916 Stacy Book Page2 October 3, 2019 Current Appeal In his letter to this office received on September 19, 2019 Mr. Brown states, "I did not receive a copy of what I requested. I am trying to find the Parole Board's policy for disposition ofM. G. L. c. 30A, §8 Request for Advisoty Ruling petition and their Administrative remedy for Grievances. Perhaps Charles Walsh, esq. did not understand my request." Conclusion In light of the Board's September 9th response, as well as Mr. Brown's September 19th petition, this office encourages the Board and Mr. Brown to communicate further to enable the Board 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 ofrecords 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. Brown may appeal the substantive nature of the Board's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Supervisor of Records cc: Howard B. Brown Charles Walsh, Esq.