Adolfo Colon v. Northeastern Correctional Center (SPR 20200180)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 13, 2020 SPR20/0180 Jeffrey Garvey Massachusetts Department of Correction N01iheastern Correctional Center P.O. Box 1069 West Concord, MA 01742 Dear Mr. Garvey: I have received the petition of Mr. Adolfo Colon appealing the response of the Northeastern Correctional Center (Center) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Colon requested records relating to certain adult incarcerations. Unsatisfied with the Center's response, Mr. Colon petitioned this office and this appeal was opened as a result. 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, § IOA(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, § IO(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

Jeffrey Garvey SPR20/0180 Page 2 February 13, 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, Mr. Colon's purpose in making the request has no bearing on the public status of any existing responsive records. The Center's response A representative from the Center responded to Mr. Colon's request with a response sent on January 21, 2020. In its response, the Center asserts that "[p]er 950 CMR 32.06 Right of Access (l)(g) a request for records in which an individual or representative of the individual has a unique right of access by statutory, regulatory, judicial, or other applicable means, shall not be considered a request for public records. Since you are requesting your personal criminal information the prior passage from the Public Record law applies." On February 4, 2020, subsequent to intervention by a staff member of the Public Records Division, a representative from the Center added that "the requested records are protected under 103 DOC 153 and 103 DOC 157. Individuals named in the criminal record can request those records by completing ~he required forms, agreeing to pay the associated fees and if indigent those fees can be waived." · Conclusion In light of the Center's response, I find that the Center not met its burden of specificity in claiming an exemption of the Public Records Law to withhold the records in their entirety. The February 4111 response is simply a declaration of intention to utillze DOC guidelines to withhold records rather than explaining applicability. Accordingly, the Center is ordered to provide Mr. Colon with a supplemental response and is encouraged to communicate with Mr. Colon in order to consider other means of obtaining any existing responsive records. See G. L. c. 66, § lO(b)(vii). Said response must be made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Colon may appeal the substantive nature of the Center's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Adolfo Colon