Bodhisattva Skandha v. Department of Correction (SPR 20242915)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 5, 2024 SPR24/2915 Kate Silvia Communications Director Department of Correction Executive Office of Public Safety and Security 50 Maple Street, Suite 3 Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Bohisattva Skandha appealing the response of the Department of Correction (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 20, 2024, Mr. Skandha requested, “[f]irst name, middle initial, last name, position, starting date of all employees at MCI-Norfolk, alphabetized.” The Department provided a response on October 7, 2024. Unsatisfied with the response, Mr. Skandha petitioned this office and this appeal, SPR24/2915, 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, § l0A(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. 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

Kate Silvia SPR24/2915 Page 2 November 5, 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 Department’s October 7th Response In its October 7, 2024 response, the Department provided redacted records and stated, “please find document, which shows current employees as of October 7, 2024. I trust this letter addresses your inquiry.” Current appeal In his appeal, Mr. Skandha states, “I hereby appeal the decision of the Records Access Officer… I couldn’t find an exemption which refers to the middle initial.” Based on the Department’s response, it is uncertain what exemption under the Public Records Law the Department is claiming to withhold portions of the requested records from disclosure. It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold or redact a requested record. 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…”); 950 C.M.R. 32.06(3); see also Flatley, 419 Mass. at 511 (custodian has the burden of establishing the applicability of an exemption). Consequently, I find the Department must identify an exemption and explain with specificity how the exemption applies to redact the records. G. L. c. 66, § 10(b). Conclusion Accordingly, the Department is ordered to provide Mr. Skandha with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 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: Bodhisattva Skandha