Howard B. Brown v. Massachusetts Parole Board (SPR 20191917)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 3, 2019 SPR19/1917 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 30, 2019, Mr. Brown requested, "a copy of a blank parole permit." In a letter dated September 3, 2019, Attorney Charles Walsh of the Board provided Mr. Brown a response. In the September 3rd response Attorney Walsh states, "if you believe a parole permit was once published under a statute, you should ask your law librarian for help finding the statute." Unsatisfied by this response, Mr. Brown appealed to this office and as result SPR19/1917 was opened. 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, § 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 his letter to this office received on September 19, 2019 Mr. Brown states, "I am directed to the law librarian, at S.B.C.C,, to try to find information. That information, if found would be current wording, if it is outdated. The Parole Board, by statute, is considered separate 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

SPR19/1917 Stacy Book Page 2 October 3, 2019 from the DOC. My records request is to the Parole Board. It is the Parole Board system of records that should be searched for a current blank Parole permit." Please be advised, 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, § 10( a)(ii). Although the Board states, "if you believe a parole permit was once published under a statute, you should ask your law librarian for help finding the statute," it is unclear if the Board possesses any other records responsive to Mr. Brown's request. Conclusion Accordingly, the Board is ordered to provide a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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: Howard B. Brown Charles Walsh, Esq.