Steven L. Smith v. Barnstable County Sheriff's Office (SPR 20230012)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 12, 2023 SPR23/0012 James Cummings Sheriff Barnstable County Sheriff’s Office 6000 Sheriff’s Place Bourne, MA 02532 Dear Sheriff Cummings: I have received the petition of Steven Smith appealing the response of the Barnstable County Sheriff’s Office (Office/BCSO) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On October 13, 2022, Mr. Smith requested: [1] A copy of Trinity Foods menus for all diets, pricing lists, calorie and nutritional information, contracts, as well as for staff and inmate [2] A copy of any and all grievances [a named individual has] filed on correctional officers and/or on Trinity Foods or against the kitchen/staff [3] Any grievances… sent to [named individual]… in regards to [a named individual]… [4] …all other grievances [a named individual] filed at Suffolk Jail… Prior Appeal This request was the subject of a previous appeal. See SPR22/2645 Determination of the Supervisor of Records (December 1, 2022). The Department responded on November 29, 2022. Unsatisfied with the response, Mr. Smith petitioned this office and this appeal, SPR23/0012, 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, 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

Sheriff James Cummings SPR23/0012 Page 2 January 12, 2023 § 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(d)(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). 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 November 29th Response In its November 29, 2022 response, the Office provided records and stated, “[w]e enclose herewith copies of the BCSO’s records responsive to the Requests…” Current appeal In his appeal, Mr. Smith stated, “[i]nstead of sending the Trinity Good Contract 2022- 2023, pricing per all meals, nutritional values, etc… [the Office] sent about 250 pages of cartoons with menu items we’re not given…” In light of the claims made by Mr. Smith, it is unclear if the Office possesses additional records that may be 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 additional records exist, I find the Office 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). Conclusion Accordingly, the Office is ordered to provide Mr. Smith 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.

Sheriff James Cummings SPR23/0012 Page 3 January 12, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Steven Smith