William Nadworny v. Massachusetts Parole Board (SPR 20221143)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 20, 2022 SPR22/1143 Stacy Book Primary Records Access Officer Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Ms. Book: I have received the petition of William J. Nadworny appealing the nonresponse of the Massachusetts Parole Board (Board) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 22, 2022, Mr. Nadworny requested “…[t]he Board remove the 2015 parole decision forthwith from the agency website in accordance with ‘CORI’ and Public Records Law…” Claiming to not yet have received responsive records, Mr. Nadworny petitioned this office and this appeal, SPR22/1143, 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) (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 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). 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

Ms. Stacy Book SPR22/1143 Page 2 May 20, 2022 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. Current Appeal In his appeal petition, Mr. Nadworny states that: The parole agency’s [Board] posting of the requestor’s record of decision was in violation of the Criminal Offender Record Information Act, (hereinafter CORI), G. L. c. 6, § 167 and G. L. c. 4, § 7(26)(a). Under Criminal Offender Record Information, G. L. c. 6, § 167 and G. L. c. 4, § 7(26)(a), the Board may only disclose the disposition of certain criminal cases, the name of the incarcerated individual, the custody status, and the location of convicted individuals. Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. See G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Nadworny in his appeal petition, I am unable to issue a determination at this time. Accordingly, I will consider this administrative appeal closed. Mr. Nadworny is advised that if he seeks removal of a certain parole decision, he may wish to seek advice from private legal counsel. Sincerely, Rebecca S. Murray Supervisor of Records cc: William J. Nadworny Attorney Courtney E. Doherty