Dembitzer, Esq., Elizabeth v. Executive Office of Public Safety and Security - Department of Correction (SPR 20140321)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 11, 2014 SPR14/321 Ms. Elizabeth R. Dembitzer, Esq. 340 Union Avenue Framingham, MA 01702 Dear Attorney Dembitzer: This office has received your petition appealing the response of the Department of Correction (DOC) to your request for public records that was originally submitted to the Executive Office ofPublic Safety and Security. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(6). Specifically, you requested a copy ofthe rules and regulations book that governs all DOC employees (referred to as the BlueBook), and copies of all internal affairs records relating to a specifically identified corrections officer. In a May 15, 2014letter, Legal Counsel Judith Allonby provided you with a fee estimate for the cost to be incurred with providing responsive internal affairs related records. According to Counsel Allonby, the DOC estimated that it would take four hours to search for and segregate responsive records at an hourly rate of $34.23 per hour. The DOC also estimated that it would take two hours, at an hourly rate of$17.00 per hour, to review and redact the responsive records. In a June 18, 2014 telephone conversation with an attorney on my staff, Counsel Allonby provided additional information with respect to the DOC fee estimate calculation. According to Counsel Allonby, the DOC holds a significant number of internal affairs related records, and the specifically identified corrections officer has worked at the DOC for close to 20 years. As a result, a significant effort is required for the DOC to search for and identify all records relating to that specifically named officer. Furthermore, there is only one individual within the internal affairs division that holds the knowledge needed to identify all records responsive to your request. Based on Counsel Allonby' s representation of the required effort and the scope of your request, it is my finding that the DOC has provided you with a reasonable fee estimate that reflects the cost it expects to incur in complying with your request. Please be advised OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Elizabeth R. Dembitzer, Esq. SPR14/321 Page Two July 11, 2014 that the DOC is permitted to issue a detailed fee estimate for the cost to be incurred in providing records responsive to a public records request. See 950 C.M.R. 32.06(2). With respect to your request for a copy of the DOC BlueBook, Counsel Allonby informed my staff that requested portions were provided to your client. Counsel Allonby also stated that she informed you that a copy of the BlueBook can also be provided to you. In your petition to this office, you contested the DOC's statement that a specific exemption may apply to certain requested information or that part of your request may fall outside the scope of the Public Records Law. Please note that I decline to advise the DOC as to any exemption claims without permitting the DOC an opportunity to review the records that it identifies as responsive to your request. Whereas the DOC has provided you with a reasonable fee estimate, this administrative appeal is closed. IT Supervisor of Records cc: Ms. Judith Allonby, Esq.