Adam Bradley v. Executive Office of Technology Services and Security (SPR 20221371)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 27, 2022 SPR22/1371 Michelle Burwell Records Access Officer Executive Office of Technology and Security Service One Ashburton Place, 8th Floor Boston, MA 01208 Dear Ms. Burwell: I have received the petition of Adam Bradley appealing the response of the Executive Office of Technology and Security Service (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 17, 2022, Mr. Bradley requested “all internal and external” emails and correspondence between July 7, 2012 and December 30, 2012 for eight named individuals and two organizations. On June 6, 2022, the Office responded. Unsatisfied with the response, Mr. Bradley petitioned this office and this appeal, SPR22/1371, 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). 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

Michelle Burwell SPR22/1371 Page 2 June 27, 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. The Office’s June 6th Response In its June 6, 2022 response, the Office stated: I must inform you that, for purposes of M. G. L. c. 66, s. 10, EOTSS [Executive Office of Technology and Security Service] is not in possession, custody or control of the records you have requested (See Commonwealth of Massachusetts, Acts of 2017, c. 64, s. 25. Notwithstanding any general or special law or regulation to the contrary, for purposes of chapter 66 of the General Laws, the executive office of technology services and security shall not be deemed to have possession, custody, or control of any record or data belonging to any other agency, office, instrumentality, or other entity. For purposes of chapter 66 of the General Laws, such agency, office, instrumentality, or other entity shall be deemed to retain possession, custody, and control of such record and data.). Your requests should be directed to the Middlesex County District Attorney’s Office or, for [a named individual], to the Massachusetts State Police. Current Appeal In his current appeal, Mr. Bradley asserts that “EOTSS [is] in possession, custody and control of the emails I seek and which are public record.” 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). In his appeal petition, Mr. Bradley has not alleged a violation of G. L. c. 66, § 10 by the Office. Consequently, the basis of Mr. Bradley’s appeal is unclear. Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Bradley 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, § 10(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Adam Bradley