Tom Marino v. Massachusetts Parole Board (SPR 20222842)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 27, 2022 SPR22/2842 Stacy Book Records Access Officer Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Ms. Book: I have received the petition of Tom Marino, of This Week in Worcester, appealing the response 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 August 24, 2022, Mr. Marino requested: 1. Information related to the training/presentation made by [a named individual] of [an identified company] on May 24, 2016 including slides presented, handouts distributed to Parole Board staff, recordings, notes taken or other information indicating content of the presentation. 2. Contractual agreement, agreement for services, or other documentation that articulates any relationship between the Massachusetts Parole Board and [a named company] and/or [a named individual] that were in effect at any time between 2016 to present. 3. [Two identified attachments] attached to the email from [a named individual] of [an identified company] to [a named individual] on Wednesday, February 7, 2018 at 9:12:09 PM. 4. [An identified attachment] attached to the email from [a named individual] to [a named individual] of [an identified company] on April 11, 2017, at 11:05:16 AM. 5. Emails between [an identified individual] and individuals with an email address containing [an identified ending], starting with the most recent and proceeding in reverse chronological order[.] Previous Appeal This request was the subject of a previous appeal. See SPR22/2501 Determination of the Supervisor of Records (November 18, 2022). In my November 18th determination, I ordered the 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

Stacy Book SPR22/2842 Page 2 December 27, 2022 Board to provide Mr. Marino with a response to his request. On November 21, 2022, the Board informed this office that a response was sent to Mr. Marino on November 15, 2022. Unsatisfied with the Board’s response, Mr. Marino petitioned this office and this appeal, SPR22/2842, 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. 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 Board’s November 15th Response In its November 15, 2022 response, the Board states, “[p]lease see additional information provided regarding our response below.” Current Appeal In his appeal, Mr. Marino asserts, “item # 3 on my request was fulfilled…I have not received any communication on Item # 4 or a response to my Oct. 6 email related to the scope of item # 5.” Based on the Board’s response, in conjunction with Mr. Marino’s appeal, it is unclear if the Board possesses additional records responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that records exist, I find the Board must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay).

Stacy Book SPR22/2842 Page 3 December 27, 2022 Conclusion Accordingly, the Board is ordered to provide Mr. Marino 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, Manza Arthur Supervisor of Records cc: Tom Marino