Stevan Johnson v. Office of the Attorney General (SPR 20201346)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 25, 2020 SPR20/1346 Lorraine Tarrow, Esq. Assistant Attorney General/Records Access Officer Office of the Attorney General 1 Ashburton Place, 18th Floor Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Stevan Johnson appealing the response of the Office of the Attorney General (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on July 26, 2020, Mr. Johnson requested “a copy of (a) the July 12, 2016 electronic mail (E-mail) communication, (b) thirteen (13) page pdf formatted file attachment transmitted to The Honorable Justice Sookyoung Shin . . . while working as an Attorney for The Commonwealth of Massachusetts before joining the Appeals Court September 26, 2016 . . .” The Office responded on August 10, 2020. Unsatisfied with the Office’s response, Mr. Johnson petitioned this office and this appeal, SPR20/1346, 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, § 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 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

Lorraine Tarrow, Esq. SPR20/1346 Page 2 August 25, 2020 custodian must provide the responsive records. Conclusion It is my understanding that the Office intends on providing a supplemental response to Mr. Johnson. Said response is to be made in accordance with the Public Records Law and its Access Regulations as soon as practicable. 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, Rebecca S. Murray Supervisor of Records cc: Stevan Johnson