Peter Vickery, Esq. v. Human Resources Division (SPR 20220138)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 2, 2022 SPR22/0138 Michael Downey Massachusetts Human Resources Division One Ashburton Place Boston, MA 02108 Dear Mr. Downey: I have received the petition of Attorney Peter Vickery appealing the nonresponse of the Massachusetts Human Resources Division (Division) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On December 1, 2021, Attorney Vickery requested records regarding requests by DCF and EOHHS employees for religious exemption from any and all vaccine mandates and for reasonable accommodations. Claiming to not yet have received responsive records, Attorney Vickery petitioned this office and this appeal, SPR22/0138, 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. 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. 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

Michael Downey SPR22/0138 Page 2 February 2, 2022 Order Despite being notified of the opening of this appeal, no response has been provided. Accordingly, the Division is ordered to provide Attorney Vickery 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: Peter Vickery, Esq.