Robert W. Anderson, Jr. v. Old Colony Correctional Center (SPR 20212952)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 17, 2021 SPR21/2952 Kate Silvia Records Access Officer Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Robert Anderson appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 19, 2021, Mr. Anderson requested the following records: a) Approval and Annual Reviews of the "Therapeutic Finger Food Menu" for the years 2019-2021 by the State Dietician; b) DOC Spreadsheets for the entire twenty-one (21) days of meals that are listed on the Therapeutic Finger Food Menu; and, c) DOC Spreadsheets for the entire twenty-one (21) days of meals that are listed on the Spring/Summer 2021 Standard Menu currently in use by the DOC. The Department responded on August 22, 2021 and provided a supplemental response on September 7, 2021. Unsatisfied with the responses, Mr. Anderson petitioned this office and this appeal, SPR21/2952, 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); 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 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 Silvia SPR21/2952 Page 2 November 17, 2021 must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. The Department’s Response The Department provided certain documents and DOC menu spreadsheets and stated that the caloric values request record does not exist. Current appeal In his appeal, Mr. Anderson states that the records received were incomplete. Based on Mr. Anderson’s appeal, in conjunction with the Department’s response, it is unclear if the Department possesses any additional records responsive to his 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 Department must clarify whether additional records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Anderson 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: Robert Anderson