Sarah Nawab v. Department of Correction - Legal Division (SPR 20210410)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 4, 2021 SPR21/0410 Ms. Kate Silvia Department of Correction Legal Division 50 Maple Street Milford, MA 01757 Dear Ms. Kate Silvia: I have received the petition of Attorney Sarah Nawab appealing the nonresponse of the Department of Correction Legal Division (Division) to her request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Nawab submitted a request for records related to certain Prison Rape Elimination Act (PREA) complaints and records related to “the number of grievances by incarcerated people in 2013, 2014, 2015, 2016, 2017, and 2018 at MCI-F alleging” an identified list of incidents within the possession of the Division. Claiming to not yet have received a response, Attorney Nawab 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. 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

Ms. Kate Silvia SPR21/0410 Page 2 March 4, 2021 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 custodian must provide the responsive records. Conclusion Despite being notified of the opening of this appeal from a member of the Public Records Division staff, no response has been provided. Accordingly, the Division is ordered to provide Attorney Nawab with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. 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: Attorney Sarah Nawab