Ria Guerra-Norris v. Massachusetts Parole Board (SPR 20200168)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 12, 2020 SPR20/0168 Shara Benedetti, Esq. Deputy General Counsel Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Attorney Benedetti: I have received the petition of Ria Guerra-Norris appealing the nonresponse of the Massachusetts Parole Board (Board) to a request for public records. G. L. c. 66, § JOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Guerra-Norris requested copies of emails between several Board employees, which relate to named individuals during a certain time period. Claiming to have not yet received a response, Ms. Guerra-Norris petitioned this office and this appeal was opened as a result. Tlte 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. Purpose of request; identity ofrequestor Please note that the reason for which a requestor seeks access to or a copy of a public record does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requestors. Access 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

Shara Benedetti, Esq. SPR20/0168 Page 2 February 12, 2020 to a record pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requestor. See Bougas v. Chief of Police of Lexington, 3 71 Mass. 59, 64 (1976). Accordingly, Ms. Guerra Norris's purpose in making the request has no bearing on the public status of any existing responsive records. Current appeal Ms. Guerra-Norris requested "[a]ll emails to and from Kevin Devlin, Francis Bedard, Lydia Iraola, and Julie Devlin (Victim Advocate), that relate to Kevin and me, from his parole release date to the date of this letter." On January 3ot11, upon the opening of this appeal, the Board provided a response, asserting that "[a]s in SPR 19/2106, the Board requests that this appeal be denied pursuant to 950 CMR 32.08(2)(b)(l). The information requested is the subject of an active litigation matter in which Mr. Norris has named Kevin Devlin, Sue Olsen and other employees of the Parole Board as defendants. See, Kevin Norris v. Massachusetts Parole Board, et al., 1985CV01871 (Worcester Superior Court). The Requestor is wife of the Plaintiff in the litigation matter. The Complaint has made specific allegations against Parole Officers and other employees of the Parole Board relating to Mr. Norris' parole revocation. For the aforementioned reasons, the Board hereby requests that the Supervisor of Records deny this appeal pursuant to 950 CMR 32.08(2)(b)(l)." Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the Board's January 30111 letter that references active litigation between Mr. Norris and the Board, it is my determination that the emails at issue in this appeal are the subject of a dispute in active litigation. See SPRl 9/2106 Determination of the Supervisor of Records (November 29, 2019). Accordingly, I decline to opine on the public status of the responsive emails at this time. See 950 C.M.R. 32.08(2)(b). Ms. Guerra-Norris may wish to consider another means of seeking to obtain the responsive emails. See Commonwealth v. Wanis, 426 Mass. 639 (1998). Please note that a change in the status of the litigation may impact the applicability of 950 C.M.R. 32.08(2)(b) to the emails at issue in this appeal. Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Ria Guerra-Norris