Adam Bradley v. Middlesex County Sheriff's Office (SPR 20242073)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 5, 2024 SPR24/2073 Malav Patel, Esq. Associate Legal Counsel Middlesex Sheriff’s Office 12 Gill Street, Suite 4700 Woburn, MA 01801 Dear Attorney Patel: I have received the petition of Adam Bradley appealing the response of the Middlesex Sheriff’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 27, 2024, Mr. Bradley requested the following records: Request Number 1 ... copy of all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual], including but not limited to using [16 identified] search terms[.] Request Number 2 ... all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual], including but not limited to using [an identified 16] search terms[.] Request Number 3 ... all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to[an identified individual], including but not limited to using [an identified 16] search terms[.] 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

Malav Patel, Esq. SPR24/2073 Page 2 August 5, 2024 Request Number 4 ...all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual] including but not limited to using [an identified 16] search terms[.] Request Number 5 ... all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual] including but not limited to using [an identified 16] search terms[.] Request Number 6 ... all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual] including but not limited to using [an identified 16] search terms[.] Request Number 7 ... all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual] including but not limited to using [an identified 16] search terms[.] Request Number 8 ... all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual] including but not limited to using [an identified 16] search terms[.] Request Number 9 ... all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual], including but not limited to using [an identified 16] search terms[.] Request Number 10 ... all internal and external emails and communications authored by and sent to

Malav Patel, Esq. SPR24/2073 Page 3 August 5, 2024 [an identified individual], during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual], including but not limited to using [an identified 16] search terms[.] Request Number 11 ... all internal and external emails and communications authored by and sent to [an identified individual] during the time periods of January 1, 2014 through December 30, 2015 relating to [an identified individual], including but not limited to using [an identified 16] search terms[.] Request Number 12 ... all records, reports, documents, information, data and internal and external emails and communications which details: (1) who ordered [an identified individual], to move from pod-C cell 224 to pod-D cell 126 on November 10, 2014; (2) the circumstances, basis and underlying basis supporting the need for [an identified individual] being move from pod-C cell 224 to pod-D cell 126 on November 10, 2014, including, but not limited to using [an identified 16] search terms[.] The Office responded on July 12, 2024. Unsatisfied with the Office’s July 12th response, Mr. Bradley petitioned this office and this appeal, SPR24/2073, 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). 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.

Malav Patel, Esq. SPR24/2073 Page 4 August 5, 2024 The Office’s July 12th Response In its July 12, 2024 response, the Office cited Exemptions (a), (b), and (f) of the Public Records Law and attorney-client privilege in support of the withholding the responsive records. Additionally, the Office advised that there is pending litigation filed by Mr. Bradley known as Adam Bradley v. Middlesex Sheriff’s Office, Middlesex Superior Court Docket No. 1881CV02561. Active Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In its response, the Office asserted, “[t]he records sought are directly related to the ongoing litigation. See Adam Bradley v. Middlesex Sheriff’s Office, Middlesex Superior Court Docket No. 1881CV02561 and Adam James Bradley vs. Thomas Turco, III Commissioner of Dept. of Correction & others, Appeals Court Docket No. 2024-J-0184. Further, the issue presented to the Appeals Court relates to discovery orders issued by the Trial Court to protect confidential information and restrict the Plaintiff’s access to those materials.” Based upon a conversation between the Office and an attorney at the Public Records Division, the Office confirmed that the requested records are directly related to the pending litigation. Conclusion In light of the pending matter, I decline to opine on these matters at this time. See 950 C.M.R. 32.08(2)(b). I further decline to opine on the applicability of Exemptions (a), (b) and (f) of the Public Records Law or attorney-client privilege. It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Adam Bradley