Sam Whiting v. Department of Public Health (SPR 20251520)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 9, 2025 SPR25/1520 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Attorney Sam Whiting, of the Massachusetts Family Institute, appealing the response of the Department of Public Health (Department/DPH) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 2, 2025, Attorney Whiting requested the following records created or received from January 1, 2018 to the present: All Clinic Licensure Survey reports/clinic inspection reports and all Statements of Deficiencies and Plans of Correction produced by the Department of Public Health regarding the following entities: a. Planned Parenthood, Boston b. Planned Parenthood of Central Massachusetts, Worcester c. Planned Parenthood of Western Massachusetts, Springfield d. Health Quarters, Beverly e. Health Quarters, Haverhill f. Health Quarters, Lawrence g. Four Women Health Services, Attleboro h. Clearway Clinic, Worcester i. Clearway Clinic, Springfield j. Your Options Medical, Revere k. Your Options Medical Mobile Van The Department provided responses on May 13, 2025 and May 29, 2025. Unsatisfied with the Department’s responses, Attorney Whiting petitioned this office and this appeal, SPR25/1520, 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

Helen Rush-Lloyd SPR25/1520 Page 2 June 9, 2025 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. The Department’s May 13th and May 29th Responses In its May 13, 2025 response, the Department states “...[DPH] is working on your public record request. DPH anticipates having the responsive documents to you by May 27, 2025.” Subsequently on May 29, 2025, the Department responded “...[t]he public records team is still working on pulling the responsive documents and anticipates having the documents to you by June 6, 2025.” 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 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 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 Attorney Whiting’s request was submitted on May 2, 2025, and the Department has not provided the responsive records, nor cited an exemption for withholding records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, the Department must provide an estimated date as to when it

Helen Rush-Lloyd SPR25/1520 Page 3 June 9, 2025 intends to complete the search and provide any responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide Attorney Whiting with a response to his 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. Sincerely, Manza Arthur Supervisor of Records cc: Sam Whiting, Esq.