David Morgan v. Hampden County District Attorney's Office (SPR 20211035)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 6, 2021 SPR21/1035 Joseph Pieropan, Esq. Hampden County District Attorney’s Office 50 State Street Springfield, MA 01102-0559 Dear Attorney Pieropan: I have received the petition of David Morgan appealing the response of the Hampden County District Attorney’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 1, 2021, Mr. Morgan requested “…any and all records pertaining to 1999-020506.” On March 23, 2021, Mr. Morgan received a response from the Hampden County Superior Court. Unsatisfied with the response, Mr. Morgan petitioned this office and SPR21/1035 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. Current appeal In his April 9, 2021 appeal, Mr. Morgan indicates that the response provided was incomplete and not a response from the Office. 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

Joseph Pieropan, Esq. SPR21/1035 Page 2 May 6, 2021 In an email with a staff attorney of the Public Records Division and a representative of the Office, the Office indicated that it never received Mr. Morgan’s initial request because the address listed was for the Superior Court and not the Office’s address. Based on the foregoing, it is unclear what the basis of Mr. Morgan’s appeal is. Mr. Morgan 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). Conclusion Accordingly, Mr. Morgan may wish to submit a new request to the Office for the records he is seeking. Based on the above, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: David Morgan