Emory Snell, Jr. v. Executive Office of Public Safety and Security (SPR 20160049)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 19, 2016 SPR16/049 Ms. C. Ray Poole, Esq. Executive Office of Public Safety and Security Department of Corrections - Legal Office 70 Franklin Street, Suite 600 Boston MA 0211 0 Dear Attorney Poole: I have received the petition of Emory Snell, Jr. appealing the nonresponse ofDepartment of Corrections (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Snell, Jr. requested a "materials, emails, post-it notes, and any other relevant documents regarding [disciplinary report# 346468]." Having received no response, Mr. Snell 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 of the 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 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. In a telephone conversation with a member of my staff on February 18, 2016, you indicated that the Department is actively in the process of providing a response which will be completed no later than February 22, 2016. Accordingly, whereas this administrative appeal was filed due to the nonresponse of the Department, and further whereas the Department has indicated it will comply with the provisions of the Public Records Law with a proper response, I will consider this appeal closed with the proviso that the Department provides a response to Mr. Snell within ten (1 0) days. To assist the Department in responding to requests for public records I have enclosed a copy of our publication, A Guide to the Massachusetts Public Records Law. This document is also available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys and other members of my staff are available during regular business hours to answer general questions regarding the Public Records Law. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. C. Ray Poole, Esq. SPR16/049 Page 2 February 19,2016 In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. P ease contact my office directly at the telephone number provided in this determination for furthe information. Enclosure cc: Emory Snell, Jr.