Michael K. Hunter v. Executive Office of Public Safety and Security (SPR 20201807)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 6, 2020 SPR20/1807 Arielle Mullaney, Esq. Assistant General Counsel Executive Office of Public Safety and Security 1 Ashburton Place, Suite 2133 Boston, MA 02108 Dear Attorney Mullaney: I have received the petition of Michael K. Hunter appealing the nonresponse of the Executive Office of Public Safety and Security (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 28, 2020, Mr. Hunter requested, “[a] complete unredacted copy of the report on the findings of the Restorative Justice Advisory Committee as mandated by the 2018 Criminal Justice Reform bill.” 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, § l0A(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 theNorfolk 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 staff member of the Public Records Division, I learned that the Office provided Mr. Hunter a response dated October 6, 2020. 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

SPR20/1807 Arielle Mullaney, Esq. Page 2 October 6, 2020 In light of the Office’s October 6th letter, I will now consider this administrative appeal closed. Mr. Hunter may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael K. Hunter