Emory Snell, Jr. v. Department of Correction - MCI Concord (SPR 20180185)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 26,20 18 SPR181185 Ms. Jeanine Roth Records Manager Department of Correction- MCI-Concord 965 Elm St., P.O. Box 9106 Concord, MA 0 1742 Dear Ms. Roth: I have received the petition of Emory Snell Jr. appealing the response of the Department of Correction- MCI-Concord (Department) to a request for public records. G. L. c. 66, tj IOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Snell originally requested in a letter on January 12,2018 "all records, information, or any other related document per: MCI-Concord Inmate Benefit Account ('Zl') from 1 July 2010 to 3 1 Dec 2014." On January 30,201 8, the Department sent a response letter explaining the "description set forth in your request is not sufficiently detailed so as to allow us to identify and locate the records sought. If you are able to describe your request with more specificity, we would appreciate your submitting a mohfied public records request containing such a description." Mr. Snell appealed that response for "failure to comply with the ten day statutory requirement." Appeal In the Department's January 2othr esponse to Mr. Snell, it notes "requests for public records shall include a reasonable description of the requested record to the records access officer so that he or she can identify and locate it promptly. 950 C.M.R. 32.06(1)(b). This is consistent with the public records law at M.G.L. c. 66, 5 10(a)." It is valid for the custodian to suggest a "reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably." G. L. c. 66, 5 10(b)(vii). Given the expansiveness of his request, Mr. Snell is encouraged to provide the Department with a modified request for public records. The Department has not indicated whether the requested records are currently in their possession. 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. 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

Ms. Jeanine Roth Page 2 February 26,20 18 See G. L. c. 66, 5 lO(a)(ii), (b)(ii). Further, if the Department is not in possession of the requested records, it has the duty to identify the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, 5 10(b) (iii) . Mr. Snell further states that the Department failed "to comply with the ten day statutory requirement" for responses to public records request. It is my understanding the Department supplied Mr. Snell with its January 30,2018 response letter after receiving his request that same day. See G. L. c. 66, 5 10(a). Conclusion Accordingly, the Department is ordered to produce any responsive records in its possession in a manner consistent with this determination, the Public Records Law, and its Regulations within ten business days. A copy of such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at preOsec.state.ma.us. Mr. Snell may appeal the substantive nature of the revised response within ninety days. 950 C.M.R. 32.08(1). Sincerely, - Rebecca S. Murray Supervisor of Records cc: Emory Snell Jr