Ryan Kath v. Middlesex District Attorney's Office (SPR 20221175)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 2, 2022 SPR22/1175 Kim Gouveia Public Records Access Officer Middlesex District Attorney’s Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Ms. Gouveia: I have received the petition of Ryan Kath of NBC 10 Boston appealing the response of the Middlesex District Attorney’s Office (Office) to a request for public records. G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On April 1, 2022, Mr. Kath requested, “[t]he entire investigation into the death of [named person] in April 2021.” The Office responded on April 15, 2022. Unsatisfied with the response, Mr. Kath petitioned this office and this appeal, SPR22/1175, 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 agency or municipality 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). The Office’s April 15th response In its April 15th response, the Office advised, “…the Office of the Chief Medical Examiner ruled that she had died by suicide. Over the past year, this Office has collected, reviewed and compiled voluminous records as part of a thorough investigation. We have remained in consistent contact with [the] … family throughout this process and we will be 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

Kim Gouveia SPR22/1175 Page 2 June 2, 2022 keeping our promise, made when this investigation began, to give them the time they need to review this information.” The Office further advised, “… we are requesting an extension of time on this request in order to provide [the] … family with the grace of time and space that they need before we make before any further disclosures or announcements.” Current appeal In his appeal, Mr. Kath advised “[t]he response does not cite any applicable exemptions for withholding the records.” Burden of specificity in responding and claiming exemptions Pursuant to the Public Records Law, the burden shall be on the records custodian to prove with specificity the exemption which applies. G. L. c. 66, § 10(b)(iv); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. The Office did not meet its burden of demonstrating how the responsive records, in their entirety, are exempt from disclosure. See Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). If the Office is withholding requested records, it must identify the records it is withholding and claim an exemption that applies to withhold the records from disclosure with specificity. G. L. c. 66, § 10(b). Where possible, the Office must produce any non-exempt segregable portions of the records. G. L. c. 66, § 10(a). Conclusion Accordingly, the Office is ordered to provide Mr. Kath 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: Ryan Kath Daniel M. DeBlander, Esq.