Joshua Carrier v. Old Colony Correctional Center (SPR 20241689)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 18, 2024 SPR24/1689 Gayle Tickel Records Access Officer Old Colony Correctional Center One Administration Road Bridgewater, MA 02324 Dear Ms. Tickel: I have received the petition of Joshua Carrier appealing the response of the Old Colony Correctional Center (Center) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 8, 2024, Mr. Carrier requested the following records: [1.] OCCC menus being used as of May 8, 2024 including ADA (CCHH), Kosher, Regular, Bland, etc.[;] [2.] IBF (Z-1) Account November 2023 - April 2024[.] Previous Appeal This request was the subject of a previous appeal. See SPR24/1673 Determination of the Supervisor of Records (June 5, 2024). In my June 5th determination, I closed SPR24/1673 where I learned the Center provided Mr. Carrier with a response on May 23, 2024. Unsatisfied with the Center’s May 23rd response, Mr. Carrier petitioned this office and this appeal, SPR24/1689, 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 town 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) (written response must “identify 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

Gayle Tickel SPR24/1689 Page 2 June 18, 2024 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). The Center’s May 23rd response In its May 23, 2024 response, the Center provided a 26-page report containing redacted information, stating, “[e]nclosed are documents named in said request.” The Center did not cite an exemption in support of its redactions. Current Appeal In his appeal, Mr. Carrier states that he is “appealing… due to the redaction of the [responsive record]…. In the attached answer there is no indication of why [the responsive record] is redacted.” Burden of Specificity for Withholding or Redacting Records Under the Public Records Law, the burden shall be upon the records custodian to establish the applicability of an exemption. 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 . . .”); see also Globe Newspaper Co. v. Police Comm’r, 419 Mass. 852, 857 (1995); Flatley, 419 Mass. at 511. Based on the Center’s response, it is unclear which exemption of the Public Records Law the Center is citing in order to redact the requested record. As such, I find that the Center did not meet its burden of specificity in redacting information from the responsive record it provided in its May 23rd response to the request. The Center is advised that a records custodian is required to not only cite an exemption, but to specifically explain the applicability of the exemption to the requested records. G. L. c. 66, § 10(b)(iv). Consequently, the Center must clarify this matter. Conclusion Accordingly, the Center is ordered to provide Mr. Carrier 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.

Gayle Tickel SPR24/1689 Page 3 June 18, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Joshua Carrier