Craig P. Shibley v. Operational Services Division (SPR 20211657)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 16, 2021 SPR21/1657 Mr. Tom Hall Operational Services Division One Ashburton Place, Room 1017 Boston, MA 02108 Dear Mr. Hall: I have received the petition of Craig Shibley appealing the nonresponse of the Operational Services Division (Division) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Shibley requested “a pdf of Shi International’s successful bid to include all Software as a Service (SaaS) training, documentation, installation, configuration, maintenance, support, and customization (where applicable)” and “a pdf of OSD’s related ITS Software Reseller Statewide Contract RFR (specific to the Department of State Police).” Having received no response, he petitioned this office. 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. 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. 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

SPR21/1657 Mr. Hall Page 2 July 16, 2021 Order Despite being notified of the opening of this appeal, no response has been provided. Accordingly, the Division is ordered to provide Mr. Shibley 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. If Mr. Shibley is unsatisfied, he may appeal the substantive nature of the Division’s response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, - ',. ' '·-.. ' · · ~ Rebecca S. Murray Supervisor of Records cc: Craig Shibley