Moffat, Shane v. Executive Office of Public Safety and Security - Department of Correction (SPR 20140629)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 6, 2015 SPR14/629 Ms. Nancy White, Esq. General Counsel Department of Correction Legal Division 70 Franklin Street Boston, MA 02 Dear Attorney White: I have received the petition of Shane Moffat appealing the nomesponse of the Department of Correction MCI-Cedar Junction (Department) to his August 21, 2014 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Moffat requested a copy of: 1. All ofthe names of Correction Officers involved in the substance abuse treatment appointed by the Superintendent of Souza-Baranowski Correctional Center, 2. All records, minutes, notes, reports and analysis taken or recorded during weekly unit team meetings held with all of the stakeholders pursuant to 103 DOC 445.04 (2) (f), 3. All records identifying "integrated residential substance abuse and crime reduction program units" 103 DOC 445(3)(c), 4. All records of "medical and detoxification services provided by the Department" pursuant to 103 DOC 445 (3)(e)(g), 5. All program manuals created pursuant to 103 DOC 445 (3) and (4), and 6. A complete listing of all vendors utilized in accordance with 103 DOC 445.01-.07 and specifically 103 DOC 445.07: Programs Monitoring and Evaluation (1)(a) and (b), (c), (2)(a)(b)(c). Having received no written response Mr. Moffat petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days ofthe request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Nancy White SPR14/629 Page Two January 6, 2015 denial. The Department is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of my staff, the Department has agreed to provide a written response to the request by Mr. Moffat. To date, however, no such response has been provided to this office. Accordingly, the Department is hereby ordered to provide a response to Mr. Moffat's request within ten (10) days, prepared in a manner consistent with the specificity requirements of the Public Records Law and its Regulations. Mr. Moffat may appeal the response made by the Department within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Mr. Shane Moffat