Jochem, Greta v. Executive Office of Public Safety and Security (SPR 20260396)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 20, 2026 SPR26/0396 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. See 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.” Prior Appeal This request was the subject of a prior appeal. See SPR26/0258 Determination of the Supervisor of Records (February 9, 2026). In my February 9th determination, I found that where Ms. Jochem’s request was originally submitted on January 5, 2026, and the Office had not provided the responsive records, the Office had not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b)(vi). I ordered the Office to provide an estimated date as to when it expects to complete its review and provide the remaining records. The Office responded on January 6, 2026 and January 27, 2026. Unsatisfied with the responses, Ms. Jochem petitioned this office and this appeal, SPR26/0396, 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 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 SPR26/0396 Page 2 February 20, 2026 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. 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 February 5, 2026 appeal, Mr. Jochem states, “[a]s of Jan. 27, more than 10 business days later, I have not gotten a copy of any records, nor has the office asked for an extension on the 10-day response period.” 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.” Issues Previously Addressed It is my understanding that this request and the issues raised in Ms. Jochem’s appeal concerning the Office’s January 6, 2026 and January 27, 2026 responses were addressed in SPR26/0258 Determination of the Supervisor of Records (February 9, 2026), in which I ordered the Office to provide Ms. Jochem with a further response to the request within ten business days. Once the Office provides a further response, Ms. Jochem may appeal the substantive nature of the Office’s response to SPR26/0258 within ninety (90) days. See 950 C.M.R. 32.08(1). Conclusion Accordingly, I will consider this administrative appeal closed.

Adrian Hatch SPR26/0396 Page 3 February 20, 2026 Sincerely, Manza Arthur Supervisor of Records cc: Greta Jochem