Beth Healy v. Essex County Sheriff's Department (SPR 20210022)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 20, 2021 SPR21/0022 Gretchen Grosky Essex County Sheriff's Department 20 Manning Avenue P.O. Box 807 Middleton, MA 01949 Dear Ms. Grosky: I have received the petition of Beth Healy of WBUR appealing the nonresponse of the Essex County Sheriff's Department (Department) to her request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Healy submitted a request for records relating to deaths in custody within possession of the Department. Claiming to not yet have received a response, Ms. Healy petitioned this office and this appeal 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. Conclusion Subsequent to the request for an appeal, I learned that the Department responded to Ms. Healy’s request with a response sent on January 20, 2021. Whereas the basis of this appeal was opened as a result of the Department’s lack of a written response, I will now consider this 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

Gretchen Grosky SPR21/0022 Page 2 January 20, 2021 administrative appeal closed. Ms. Healy 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: Beth Healy, WBUR Scott Sullivan, Esq., Essex County Sheriff's Department