Karina Wilkinson v. Executive Office of Public Safety and Security (SPR 20200491)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 10, 2020 SPR20/0491 Arielle Mullaney, Esq. Executive Office of Public Safety and Security 1 Ashburton Place, Room 2133 Boston, MA 02108 Dear Attorney Mullaney: I have received the petition of Karina Wilkinson appealing the nonresponse of the Executive Office of Public Safety and Security (Office) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1) Specifically, on February 21, 2020, Ms. Wilkinson requested, "any amendments to the DOC/Securus Technologies inmate calling provider contract since December 31, 2018, especially those containing rates charged to incarcerated individuals and their families." Tl,e 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); also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507,511 (1995) (custodian has tl1e 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 staff member of the Public Record's Division, I learned that the Office provided Ms. Wilkinson records responsive to her request. In an email dated March 10, 2020 you state, "[m]y apologies for the delay! Please see attached responsive records. Please note that no redactions have been applied to the 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

SPR20/0491 Arielle Mullaney, Esq. Page 2 Mach 10, 2020 In light of the Office's March 10111 letter, I will now consider this administrative appeal closed. Ms. Wilkinson may appeal the substantive nature of the Office's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~fvvf1~ (J Rebecca S. Murra;- ... -- - --- Supervisor of Record_s cc: Karina Wilkinson