Ria Guerra-Norris v. Massachusetts Parole Board (SPR 20212909)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 16, 2021 SPR21/2909 Stacy Book Compliance Officer/ Records Access Officer Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Ms. Book: I have received the petition of Ria Guerra-Norris appealing the response of the Massachusetts Parole Board (Board) to her request for public records. G. L. c. 66, §10A; see also 950 C.M.R. 32.08(1). On October 15, 2021, Ms. Guerra-Norris requested the following records: [1] name of the contractor that provided or continues to provide surveillance services (ie video/camera and/or audio surveillance) of the entire office space for the Region 4 Parole Office in Worcester from 4/1/21 to 5/1/21. [2] …contract that was executed for the contractor’s services … [3] If a contractor did not provide these services, please provide me with the name of the agency and/or person/s that did during this period. The Board responded on October 18, 2021. Unsatisfied with the response, Ms. Guerra- Norris appealed and SPR21/2909 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(d)(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 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

Stacy Book SPR21/2909 Page 2 November 16, 2021 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). The Board’s October 18th Response In its October 18th response, the Board informed Ms. Book she should contact the property manager of The SilverBrick Group. Current appeal In her appeal, Ms. Guerra-Norris stated that the “…information … turned out to be inaccurate.” Based on Ms. Guerra-Norris’ appeal, in conjunction with the Board’s response, it is unclear if the Board possesses any records responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Board must clarify whether the requested records exist. Conclusion Accordingly, the Board is ordered to provide Ms. Guerra-Norris with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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: Ria Guerra-Norris