Daniel L. Lopez v. Souza-Baranowski Correctional Center (SPR 20192295)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 26, 2019 SPR19/2295 Steven Kenneway Souza-Baranowski Correction Center P.O. Box 8000 Shirley, MA 01464 Dear Mr. Kenneway: I have received the petition of Daniel Lopez appealing the nonresponse of the Souza Baranowski Correction Center (Center) to a request for public recoi·ds. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Lopez requested records regarding an identified disciplinary report and video records. Having received no response, he petitioned this office. The Public Records Law The Public Records Law strongly favors disclosure by creating a presuinption 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. ' If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. One Ashburtcin Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Steven Kenneway SPR19/2295 Page 2 November 26, 2019 Order Despite being notified of the opening of this appeal, no response has been provided. Accordingly, the Center is ordered to provide Mr. Lopez with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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, ~u~ Supervisor of Records cc: Daniel Lopez