Eugene F. Rector v. Department of Correction - Office of the General Counsel (SPR 20161100)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records December 9, 2016 SPR16/1100 Nancy White, Esq. Office of the General Counsel Department of Correction 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Attorney White: I have received the petition of Eugene Rector appealing the nonresponse of the Department of Correction (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Rector requested several records related to a "Dell Dimensions XPS M166s Personal Computer" and a "Commodore 64 Computer" for a specific time period. Having received no response, Mr. Rector petitioned this office. Subsequent to the intervention by a member of my staff, this office was notified in a December 5, 2016 email that the Department is not the custodian for the requested records. You further explained that a response would be sent to Mr. Rector explaining that the records were most likely in the custody of the Massachusetts Treatment Center (Center), and that he should direct his request to the Superintendent there. This office was later notified that a response was provided by the Center, dated December 7, 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. Rector may appeal the substantive nature of the Center's response within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Eugene Rector One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us