Mallory Hanora v. Division of Capital Asset Management (SPR 20242353)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 30, 2024 SPR24/1826 Christopher D. Guerin, Esq. Special Counsel Division of Capital Asset Management & Maintenance Office of the General Counsel One Ashburton Place, 15th Floor Boston, MA 02108 Dear Attorney Guerin: I have received the petition of Mallory Hanora, of Families for Justice Healing, appealing the response of the Division of Capital Asset Management & Maintenance (DCAMM) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 18, 2024, Ms. Hanora requested: [1] Meeting notes from bi-weekly meetings between HDR, DOC, and DCAMM from April 2023-present; [2] Executed contracts for DSB List #22-07, DSBP-16 (Study, Planning, Design & Construction for Correctional Facilities Statewide, DCAMM House Doctors), all proposals for work from the design firms Rowse, HDR, DHK Architects, and CGL companies, all invoices pertaining to the Correctional House Doctors; and, [3] Most recently submitted workplan from HDR re: DOC2106 and the most updated fee/schedule, the program assessment, the cost analysis, the project schedule, the Study of Development and Evaluation of Priority Alternatives, and any other deliverables from this contract. Ms. Hanora’s request also indicates, “[w]e previously received the study and schematic design work plan dated 11/17/2022 and the deliverables in this request were enumerated in that plan.” On June 18, 2024, DCAMM acknowledged Ms. Hanora’s request. On a July 30, 2024, DCAMM provided a further response. Unsatisfied with DCAMM’s response, Ms. Hanora petitioned this office and this appeal, SPR24/2353, was opened as a result. 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

Christopher D. Guerin, Esq. SPR24/2353 Page 2 August 30, 2024 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. 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. DCAMM’s July 30th Response In its July 30, 2024 response, DCAMM stated, “[w]e require a brief further extension of time to secure records responsive to your Public Record Request . . . . While we plan to deliver responsive records in our possession on or before [August 7, 2024], circumstances may necessitate a further extension. If it appears a further extension may become necessary, we will contact you…” Current Appeal In her August 20, 2024 petition, Ms. Hanora states, “…[t]he original request was filed June 18 – so this is a substantial delay for records requests they are not denying. I reached out to their staff directly and was told someone would personally oversee the request and ensure they were delivered by a week following the extension date, by August 14. It is now August 20 and no records have been provided…” Timeline for providing records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the

Christopher D. Guerin, Esq. SPR24/2353 Page 3 August 30, 2024 public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where it Ms. Hanora submitted her request on June 18, 2024, and DCAMM has not provided records responsive to the request, I find that DCAMM has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, I find that DCAMM must provide an estimated date as to when it intends to complete the search and provide the records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, DCAMM should provide the records on a rolling basis Conclusion Accordingly, DCAMM is ordered to provide Ms. Hanora with a response to her 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. Ms. Hanora may appeal the substantive nature of DCAMM’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Mallory Hanora