Christina Andrade v. Middlesex County District Attorney's Office (SPR 20212857)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 12, 2021 SPR21/2857 Kim Gouveia Public Records Access Officer Middlesex District Attorney’s Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Ms. Gouveia: I have received the petition of Christina Andrade appealing the response of the Middlesex 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 October 20, 2021, Ms. Andrade requested, complaint, indictment, and disposition data linked to each case’s respective docket number from April 23, 2018, onwards for three criminal charges. The Office provided a response on October 28, 2021. Unsatisfied with this response, Ms. Andrade petitioned this office and this appeal, SPR21/2857, 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 her October 28, 2021 petition, Ms. Andrade provides responses from two custodians, 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

Kim Gouveia SPR21/2857 Page 2 November 12, 2021 one from the Office of the District Attorney for the Middle District (Worcester) and one from the Middlesex District Attorney’s Office. The appeal petition does not distinguish the responses provided but indicates that both responses were provided from a single custodian. Based on the foregoing, it is unclear what the basis of Ms. Andrade’s appeal is. Ms. Andrade 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, Ms. Andrade must describe her specific objections to the Office’s October 28th response and clarify which custodian the appeal pertains to. Conclusion Based on the above, I will consider this administrative appeal closed. Ms. Andrade may wish to clarify the basis of her appeal. Sincerely, Rebecca S. Murray Supervisor of Records cc: Christina Andrade Mark Relation, Esq.