Joyce Rowley v. Division of Occupational Licensure (SPR 20242890)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 4, 2024 SPR24/2890 Richard W. Holtz, Esq. Deputy General Counsel Division of Occupational Licensure 1000 Washington Street, Suite 710 Boston, MA 02118 Dear Attorney Holtz: I have received the petition of Joyce Rowley appealing the response of the Division of Occupational Licensure (Division) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 26, 2024, Ms. Rowley requested, “the application and associated records for … all documents issued by the Board of Registration for Veterinary Medicine granting a license to [an identified individual]…” The Division provided responsive records with redactions on October 10, 2024. Unsatisfied with the Division’s response, Ms. Rowley petitioned this office and this appeal, SPR24/2890, 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). 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

Richard W. Holtz, Esq. SPR24/2890 Page 2 November 4, 2024 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. The Division’s October 10th Response In its October 10, 2024 response, the Division provided records with redactions. Current appeal In her appeal, Ms. Rowley states, “I am appealing the decision of the RAO for the Department of Licensing (DPL) for refusing to assist with identifying a document that states the type of license (temporary, provisional, permanent) held by a local veterinarian…. As the records likely exist, I am also appealing the DPL RAO’s failure to provide such document. My first request … yielded eight documents…. I then requested clarification on redaction and assistance with the type of license…. Redaction information was provided but the assistance identifying the correct document to request was denied, in an email identified as Denial, also attached. None of the documents I received so far show the type of Massachusetts license issued to the vet. The Minnesota license is not valid, as state law only applies reciprocity to a license 5 years old or older.” Based on Ms. Rowley’s appeal, it is unclear if the Division possesses additional records 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). If the Division does possess additional responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. Conclusion Accordingly, the Division is ordered to provide Ms. Rowley 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.

Richard W. Holtz, Esq. SPR24/2890 Page 3 November 4, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Joyce Rowley