Gabriel O'Hara Salini v. Suffolk County District Attorney's Office (SPR 20251961)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 17, 2025 SPR25/1961 Caileigh Durkin Records Access Officer Suffolk County District Attorney’s Office One Bulfinch Place Boston, MA 02114 Dear Ms. Durkin: I have received the petition of Gabriel O’Hara Salini appealing the response of the Suffolk County District Attorney’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 May 20, 2025, Mr. O’Hara Salini requested the following with a timeframe from January 1, 2014 to present: [1] [A]ll non-tort settlement and judgment authorization forms submitted to the Comptroller’s office for approval by your office[;] [2] All Settlement and Judgment Multiple Claimant Spreadsheet requests submitted by your office[;] [3] All records related to claims made by individuals or entities which resulted in the Attorney General Office making a payment from the state Settlement and Judgment Fund, pursuant to M.G.L. c.30A and M.G.L. c258 sec 1-5. Prior Appeal This request was the subject of a prior appeal. See SPR25/1617 Determination of the Supervisor of Records (June 17, 2025). Mr. O’Hara Salini withdrew his prior appeal on June 16, 2025. The Office responded on June 9, June 23, July 1, and July 7, 2025. Unsatisfied with the responses, Mr. Salini O’Hara petitioned this office and this appeal, SPR25/1961, 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

Caileigh Durkin SPR25/1961 Page 2 July 17, 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. 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 Office’s Responses In its June 9, 2025 response, the Office stated that it was in the process of searching for responsive records and would provide an update within ten business days. In its June 23, 2025 response, the Office stated that it was gathering responsive records and would provide an update within ten business days. In its July 1, 2025 response, the Office estimated that it would provide responsive records within ten business days. In its July 7, 2025 response, the Office estimated that it would provide responsive records no later than July 11, 2025. Current Appeal In his July 8, 2025 petition to this office, Mr. O’Hara Salini stated that the Office had failed to comply with the Public Records Law. 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:

Caileigh Durkin SPR25/1961 Page 3 July 17, 2025 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 Mr. O’Hara Salini’s request was submitted on May 20, 2025, and the Office has not provided responsive records, I find the Office has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Accordingly, I find the Office must provide an estimated date as to when it expects to complete its review and provide the requested records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Office must provide the requested records on a rolling basis. Conclusion Accordingly, the Office is ordered to provide Mr. O’Hara Salini with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten 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. Mr. O’Hara Salini may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Gabriel O’Hara Salini