Wyke Bazirake v. Department of Vital Records (SPR 20230283)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 23, 2023 SPR23/0283 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Helen Rush-Lloyd: I have received the petition of Wyke Bazirake appealing the response of the Department of Public Health’s Department of Vital Records (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On or about August 11, 2021, Mr. Bazirake requested “…a copy of the death certificates for [an identified person]: Jan 12, 1985 – Aug 22, 2016 and [another identified person] Dec 19, 1963 – Mar 27, 2016, and paid the sum of $64.00 as was requested.” Further, Mr. Bazirake indicates, “[t]o date, I have not received a copy of the Death Certificates, that I paid for. See Commonwealth [identified check numbers].” Mr. Bazirake also asks that, “[i]f no search was done, could you please refund me the money I spent.” On February 6, 2023, Mr. Bazirake petitioned the Supervisor of Records, asserting, “I am hereby writing because I corresponded with the Registry of Vital Records [Department] by sending them a letter dated January 13th 2023, but have not received any correspondence at all. I am here by asking [the Public Records Division] to review this…” As a result, this Office opened an appeal for Mr. Bazirake. 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 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

Helen Lloyd-Rush SPR23/0283 Page 2 February 23, 2023 order to withhold a requested record. G. L. c. 66, § 10(b)(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. Production of Records to the Requestor After this appeal was opened, on February 15, 2023, Mr. Bazirake informed this office via a letter asserting, “I finally received a response dated February 8th, 2023 of the availability of the [r]ecords and was finally able to retrieve them on February 13th, 2023.” Conclusion Accordingly, where the Department has provided Mr. Bazirake with the responsive records, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Wyke Bazirake