Jamie Munchbach v. Department of Public Health - Office of Emergency Medical Services (SPR 20240302)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 8, 2024 SPR24/0302 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Jamie Munchbach appealing the response of the Department of Public Health (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 10, 2024, Ms. Munchbach requested, “copies of public records that align to the medical emergency on 6/15/2022 at . . . Weymouth, Ma, 02190 and investigated by the state under [a specified case number].” The Department provided a response on January 24, 2024. Unsatisfied with the Department’s response, Ms. Munchbach petitioned this office and this appeal, SPR24/0302, 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(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 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 Rush-Lloyd SPR24/0302 Page 2 February 8, 2024 custodian must provide the responsive records. The Department’s January 24th Response In its January 24, 2024 response, the Department provided records and stated, “[e]nclosed are records (one 60-page PDF, six audio files, and two video files) responsive to [Ms. Munchbach’s] request… DPH has not withheld or redacted any documents from this response.” Current appeal In her appeal, Ms. Munchbach stated, “I have received a USB and letter addressing my FIOA sent to my home over the weekend. It is unacceptable to me that they have stated documents where [sic] not omitted but they have not provided the details as requested. It states that the 911 calls would be sent in 3 separate e-mails but none of those e-mails are provided displaying the attachments but clearly the 911 calls where obtained. The e-mail presenting the PCR form is not included... I was specific in my request that I wanted evidence how each document was obtained. The documented incident reports are not included just some random copy and paste complaints from an employer. No documentation on the requested the EKG details documented in the e-mails provided…” In light of Ms. Munchbach’s appeal, it is unclear if the Department 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 responsive records exist, I find the Department 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). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Ms. Munchbach 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 the response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Jamie Munchbach Leah Greene