Louisa M. Moller v. Cannabis Control Commission (SPR 20192076)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords October 23, 2019 SPR19/2076 Alycia DeAngelis, Esq. Cannabis Control Commission 101 Federal Street, 13th Floor Boston, MA 02110 Dear Attorney DeAngelis: I have received the petition of Louisa M. Moller of WBZ-TV appealing the nonresponse of the Cannabis Control Commission (Commission) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1) Specifically on September 23, 2019, Ms. Moller requested two categories ofrecords: • All documents and recordings related to the investigation into MCR Labs in Framingham. • Records of all documents related to the settlement between MCR labs and the CCC. 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 statutoi-y 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. Conclusion Subsequent to the intervention by a staff member of the Public Record's Division, I learned that the Commission provided Ms. Moller a response dated October 10, 2019. 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

SPR19/2076 Alycia DeAngelis, Esq Page 2 October 23, 2019 In light of the Commission's October 10th response, I will now consider this administrative appeal closed. Ms. Moller may appeal the substantive nature of the Commission's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~ r r ~ Supervisor of Records cc: Louisa M. Moller