Michael K. Hunter v. Department of Correction - Legal Division (SPR 20200362)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 9, 2020 SPR20/0362 Kate M. Silvia Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Kate M. Silvia: I have received the petition of Michael K. Hunter appealing the nonresponse of the Department of Correction (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically on December 6, 2019 Mr. Hunter requested, "Halal Receipt Cards" and "Halal Standard Menu." 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, § 1O (b )(iv); 950 C.M.R. 32.06(3); 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 member of the Public Records Division, I learned that Mr. Hunter received records responsive to his request. In a letter to this office dated March 6, 2020 Mr. Hunter states, "I am writing to inform you I have received a satisfactory response to my request in the above referenced matter." 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 M. Silvia SPR20/0362 Page 2 March 9, 2020 Conclusion In light of Mr. Hunter's March 6th letter I will now consider this administrative appeal closed. Sincerely, ~r~ Supervisor of Records cc: Michael K. Hunter