Melissa Hanson v. Department of Correction - Legal Division (SPR 20200297)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor af Records

March 3, 2020 SPR20/297

Kate Silvia

Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757

Dear Ms. Silvia:

I have received the petition of Melissa Hanson appealing the nonresponse of the Department of Correction (Department) to a request for public records. G, L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Hanson requested an electronic copy of the most recent aggravated assault disciplinary analysis report. Having received no response, she petitioned this office.

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, § 10A(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, § 10(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, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records.

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

Kate Silvia SPR20/297 Page 2 ; March 3, 2020

Order

Despite being notified of the opening of this appeal, no response has been provided. Accordingly, the Department is ordered to provide Ms. Hanson 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,

PReheeca Muon

Rebecca S, Murray Supervisor of Records

cc: Melissa Hanson