Ronald Gardner v. Department of Correction - Legal Division (SPR 20213190)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 20, 2021 SPR21/3190 Kate Silvia Primary Records Access Officer Director of Public Records Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Ronald Gardner appealing the nonresponse 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 November 5, 2021, Mr. Gardner requested the following records for January 1, 2021 to present. [1] copy of the names and titles of all personal [sic] assigned to the review committee in the Department who were assigned to review all religious/medical exemptions which were submitted by state workers in order to comply with Governor … Executive Order 595. [2] All training records of the above assigned personal [sic], specifically trainings involved with “judging a person’s sincerely held beliefs,” religious exemptions and ADA accommodations. [3] All qualifications of those assigned to the committee to determine religious/ medical exemptions. [4] The objective criteria which were used to determine such approval for religious/medical exemptions. [5] The total number of religious/medical exemptions submitted and the outcomes (approval/denial). [6] All correspondence … and information of [Department] … staff pertaining to religious/medical exemptions and EO 595. Claiming to not yet have received responsive records, Mr. Gardner, petitioned this office and this appeal, SPR21/3190, was opened as a result. 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 SPR21/3190 Page 2 December 20, 2021 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. Order Despite being notified of the opening of this appeal, it is unclear whether a response has been provided. Accordingly, the Department is ordered to provide Mr. Gardner with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Ronald Gardner