William Murray v. Department of Correction - MCI Cedar Junction at Walpole (SPR 20170910)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 19,2017 SPR171910 Jennifer J. Marlham Department of Correction - Cedar Junction 2405 Main Street P.O. Box 100 South Walpole, MA 02071 Dear Ms. Markham: I have received the petition of Mr. Murray appealing the nonresponse of the Department of Correction MCI Cedar Junction (Department) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Murray requested "all emails, notes, records of any correspondence between any of these individuals. CPO AB Patrick Toolin, Deputy Lynds, Director Markham, or Supt. Rodrigues." Unsatisfied with the response from the Department regarding his request, Mr. Murray appealed to 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 ) business days of receipt of the request. G. L. c. 66, 5 10(a),(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, 5 lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of a response. The Department must confirm whether it possesses any additional responsive records, The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, 9 lO(a)(ii). Accordingly, I will consider this administrative appeal closed with the proviso that the Department provides Mr. Murray with a response without delay. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Murray may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Jennifer Markham Page 2 July 19,2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: William Murray