Emory Snell, Jr. v. Department of Correction - Legal Division (SPR 20200394)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 12, 2020 SPR20/0394 Kate Silvia Records Access Officer Department of Correction 50 Maple Street Milford, MA O1 7 57 Dear Ms. Silvia: I have received the petition of Emory Snell, Jr. appealing the nonresponse of the Department of Correction (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, in a letter dated December 28, 2020, Mr. Snell, Jr. requested a certain video surveillance tape, as well as any and all records pe1iaining to the context of that video. Claiming to not yet have received a response, Mr. Snell, Jr. 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, § 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. 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 SPR20/0394 Page 2 March 12, 2020 Order Despite being notified of the opening of this appeal from a member of the Public Records Division staff, as of this date no response has been provided. Accordingly, the Department is ordered to provide Mr. Snell, Jr. with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations without delay. 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. Mr. Snell, Jr. may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Emory Snell, Jr.