Timothy J. Muise v. Executive Office of Public Safety and Security - Victims Services Unit (SPR 20160111)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 7, 2016 SPR16/lll Ms. Sheila Creaton Kelly, Esq. Director, Victim Services Unit Department of Correction 999 Barretts Mill Road Concord, MA 01742 Dear Attorney Kelly: I have received the petition of Timothy Muise appealing the nonresponse of the Department of Correction (Department) to a request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Muise inquired as to the number of offenders/inmates who have participated in the Department Offender Dialogue Program since its inception to present date. Having received no response, Mr. Muise 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. CUSTODIAN 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, this office was notified that a response was provided, dated February 5, 2016. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Muise may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in responding to requests for public records I refer the Department to our publication, A Guide to the Massachusetts Public Records Law. This document is 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. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Sheila Creaton Kelly, Esq. SPR16/lll Page2 March 7, 2016 In addition, members of my staff will visit a records training workshops on the Public Records Law upon request ease contact my office directly at the telephone number provided in this determinatio rt er information. cc: Mr. Timothy Muise