Jochem, Greta v. Executive Office of Public Safety and Security (SPR 20260258)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 9, 2026 SPR26/0258 Adrian Hatch Paralegal Executive Office of Public Safety and Security One Ashburton Place, Room 2133 Boston, MA 02108 Dear Mr. Hatch: I have received the petition of Greta Jochem, of The Republican/MassLive.com/El Pueblo Latino, appealing the response of the Executive Office of Public Safety and Security (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 5, 2026, Ms. Jochem requested, “[t]he last five years of data the state sends to the federal DOJ on reported deaths in prisons and jails under the death in custody reporting act.” The Office responded on January 6, 2026 and January 27, 2026. Unsatisfied with the responses, Ms. Jochem petitioned this office and this appeal, SPR26/0258, 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(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y 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

Adrian Hatch SPR26/0258 Page 2 February 9, 2026 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. Current Appeal In her appeal, Mr. Jochem states, “[i]t’s been more than 10 business days, and I have not gotten the records or a timeframe for when they might be available.... I am appealing the office’s lack of response to my Jan. 5 records request.” The Office’s January 6th and January 27th Responses In its January 6, 2026 response, the Office stated “[t]he Executive Office of Public Safety and Security (EOPSS) has received your request and is working on it.” In its January 27, 2026 response, the Office stated, “[w]e are working on your request and will follow up with you shortly.” Timeliness in 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 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 Ms. Jochem’s request was originally submitted on January 5, 2026, and the Office has not provided responsive records, I find that the Office has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). Consequently, the Office must provide an estimated date as to when it expects to complete its review and provide any records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Office must provide responsive records on a rolling basis.

Adrian Hatch SPR26/0258 Page 3 February 9, 2026 Conclusion Accordingly, the Office is ordered to provide Ms. Jochem 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. Mr. Jochem may appeal the substantive nature of the Office’s response within 90 calendar days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Greta Jochem