Craig P. Shibley v. Worcester County District Attorney's Office (SPR 20213158)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 15, 2021 SPR21/3158 Mark Relation Records Access Officer Office of the Worcester District Attorney 225 Main St. G301 Worcester, MA 01608 Dear Mr. Relation: I have received a petition from Craig Shibley appealing the response of the Office of the Worcester District Attorney (Office) to request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 11, 2021, Mr. Shibley requested, “[a] catalogue of all records (to include but not limited to: evidence, reports, transcripts, & images) related to the 1951 murder of [identified] State Trooper …” The Office responded on November 29, 2021. Unsatisfied with the Office’s response, Mr. Shibley petitioned this office and this appeal, SPR21/3158, 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. 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

Mark Relation SPR21/3158 Page 2 December 15, 2021 Referred to the Office of the Attorney General It is my understanding that the subject matter of this request and the issues raised in Mr. Shibley’s appeal are similar to those addressed in SPR19/2115 Determinations of the Supervisor of Records (October 29, 2019; December 4, 2019; January 21, 2020) and other related appeals. Please note that on February 5, 2020, I referred this matter to the Office of the Attorney General (AGO) for enforcement. In light of this referral, I decline to provide a determination as to the public status of the requested records at this time pending a resolution to the AGO’s review. Conclusion Accordingly, I will consider this administrative appeal closed. If Mr. Shibley is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Craig Shibley