Joseph P. Schmitt v. Department of Correction - Treatment Center (SPR 20210031)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 21, 2021 SPR21/0031 Tobie Fortes Commitment Manager Department of Correction Massachusetts Treatment Center 30 Administration Road Bridgewater, MA 02324 Dear Mr. Fortes: I have received the petition of Joseph P. Schmitt appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 7, 2020, Mr. Schmitt requested four categories of records: “(1) incident reports regarding Joseph P. Schmitt and [a named individual] related to the following inmate waiver forms dated: 1-26-18; 12-17-18; 12-27-18; 1-21-19; 1-28-19; 9-9-19; 9- 10-19; 10-1-19; and 10-16-19; (2) IMS enemy list for [a named individual]; (3) IMS inmate conflict sheet for [a named individual]; and (4) all population waivers signed by [a named individual] involving Joseph P. Schmitt.” The Department provided a response on December 16, 2020, denying responsive records pursuant to Exemptions (a), (c), and (f). Unsatisfied with the Department’s response, Mr. Schmitt petitioned this office and this appeal, SPR21/0031, 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 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

Tobie Fortes SPR21/0031 Page 2 January 21, 2021 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. Current appeal In his January 1, 2020, appeal, Mr. Schmitt states “DOC is denying me everything and I don’t believe it is legal to do so.” Based on the foregoing, it is unclear what the basis of Mr. Schmitt’s appeal is. Mr. Schmitt is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Accordingly, Mr. Schmitt must describe his specific objections to the Department’s December 16th response. Conclusion Based on the above, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph P. Schmitt