Moffat, Shane v. Department of Correction - Legal Division (SPR 20150173)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 21,2015 SPRlS/173 Mr. Richard C. McFarland, Esq. Senior Litigation Counsel Department of Correction-Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Attorney McFarland: I have received the petition of Shane Moffat appealing the partial response of the Department of Correction (DOC) to his six-part request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Moffat requested records concerning substance abuse treatment programs at DOC. Mr. Moffat appealed the lack of response to his request. DOC provided a response subsequent to an administrative order issued by this office. See SPR14/629 Determination ofthe Supervisor ofRecords (January 6, 2015). In its response to Mr. Moffat's request for records DOC provided a fee estimate to provide records response to requests numbered 2-5. DOC failed to state whether records exist in response to requests 1 and 6. In his petition to this office Mr. Moffat objects to the fee estimate provided by DOC, requesting a waiver. Mr. Moffat also appeals the lack of adequate response by DOC with respect to requests 1 and 6. Mr. Moffat also objected to what he believed to be a change in the time-period indicated in his request for records. Requests 1 and 6 In its response DOC did not indicate whether records exist in response to requests 1 and 6. Accordingly, DOC is ordered to review its records, determine whether records exist in response to these requests, and provide Mr. Moffat a written response regarding the existence or nonexistence of these records within ten (1 0) days. Requestfor waiver in fees A records custodian may assess fees in response to a request for public records. See 950 CMR 32.06. In his petition Mr. Moffat requested a waiver in fees, indicating that he is unable to pay such fees. There is no provision in the Public Records Law or its Access Regulations to require waiver of fees due to lack of ability to pay. I find the fees assessed to Mr. Moffat are OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Richard C. McFarland, Esq. SPR15/173 Page Two May 21,2015 reasonable and in compliance with the Access Regulations,. and further find that DOC is not obligated to waive such fees unless it chooses to do so. Inclusive dates for responsive records In his appeal Mr. Moffat expressed concern that the DOC response covered the period January 1, 2014 through January 30,2015. In his request, however, Mr. Moffat requested records from June 2013 through the date of the request. Accordingly, in its response to Mr. Moffat DOC must indicate what records exist responsive to the req est for the time period indicated in the request. cc: Mr. Shane Moffat