Russell, Jenna v. Department of Corrections - Central Headquarters (SPR 20150421)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 12,2015 SPRlS/421 Mr. Darren Duarte Director of Public Affairs Executive Office of Public Safety Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Director Duarte: I have received the petition of Jenna Russell of the Boston Globe appealing the response of the Department of Correction (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. Specifically, on December 22, 2014 the Ms. Russell made a request for records regarding criminal defendants referred to Bridgewater Hospital and records regarding inmate mental health issues. On January 6, 2015 the Department responded by informing Ms. Russell where she could find portions of records responsive to her request. The Department also informed Ms. Russell that records containing mental health evaluations concerning specific individuals are exempt from disclosure as the Criminal Offender Record Information and also pursuant to Exemption (c) ofthe Public Records Law. The Department provided Ms. Russell with a fee estimate for the remaining records it maintains responsive to her request. Ms. Russell provided payment to the department in February. As of the date of this administrative order Ms. Russell has not received the responsive records. Every person having custody of any public record, as defined in clause Twenty-sixth of section seven of chapter four, shall, at reasonable times and without unreasonable delay, permit it, or any segregable portion of a record which is an independent public record, to be inspected and examined by any person, under his supervision, and shall furnish one copy thereof upon payment of a reasonable fee. G. L. c. 66, § lO(a). It has been nearly four (4) months since Ms. Russell provided payment for the provision of records responsive to his request. Accordingly, whereas I find that the Department has not yet complied with Ms. Russell's request, the Department is ordered, without delay, to provide the requested records in a manner consistent with the Public Records Law and its Access Regulations. cc: Ms. Jenna Russell OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec~state.ma. us/ pre