Daniel L. Holland v. Department of Correction (SPR 20230046)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 25, 2023 SPR23/0046 Kate M. Silvia Director of Communications Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Daniel Holland appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 21, 2022, Mr. Holland requested “[a] complete unredacted copy of the nutritional facts breakdown for the current fall/winter 2200 ADA Therapeutic diet meal for the 3-week cycle menus.” On December 29, 2022, the Department responded. Unsatisfied with the Department’s response, Mr. Holland petitioned this office and this appeal, SPR23/0046, 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

Kate M. Silvia SPR23/0046 Page 2 January 25, 2023 Current Appeal In his current appeal, Mr. Holland claimed that the Department did not provide all responsive records. Mr. Holland indicated that the Department did not include all available nutritional information. The Department’s December 29th response In its December 29, 2022 response, the Department provided responsive records. Based on the Department’s response, in conjunction with Mr. Holland’s claim, it is unclear if the Department possesses additional records responsive to the above request, specifically, any additional nutritional information. 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). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Holland 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: Daniel Holland