Jacob Steinberg-Otter v. Department of Correction - Legal Division (SPR 20210793)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 8, 2021 SPR20/0793 Kate M. Silvia Director of Communications Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Jacob Steinberg-Otter appealing the nonresponse of the Department of Correction (Department) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Steinberg-Otter submitted a request for various records relating to medical parole. Claiming to not yet have received a response, Mr. Steinberg-Otter 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); (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based …”); 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). Order Subsequently, I learned that a representative from the Department intends on providing a written response to Mr. Steinberg-Otter. Accordingly, the Department is ordered to provide Mr. 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

Kate M. Silvia SPR21/0793 Page 2 April 8, 2021 Steinberg-Otter with a response made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of the response to this to this office at pre@sec.state.ma.us. Mr. Steinberg-Otter may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Jacob Steinberg-Otter