Emory Snell, Jr. v. Department of Correction - MCI Concord (SPR 20180342)

The Commonwealth of Massachusetts William. Francis Galvin, Secretary of the Com.m.onwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 23, 2018 SPRlS/342 Ms. Jeanine Roth Records Manager Department of Correction- MCI-Concord 965 Elm. St., P.O. Box 9106 Concord, MA 01742 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, § 1O A; see also 950 C.M.R. 32.08(1). On February 28, 2018, the Department sent a response letter to Mr. Snell regarding his appeal explaining that "further clarification as to what you are specifically requesting is needed as your description was not sufficiently detailed to allow us to identify and locate the records sought." Mr. Snell responded in a letter on March 3, 2018 requesting "material pursuant to the Z-Account." Mr. Snell details that the Z-Account receives and distributes "profits from. vending machines and other com.missions." Appeal Pursuant to the Public Records Law, the Department m.ay 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." See G. L. c. 66, § lO(b)(vii). In its response, the Department indicated to Mr. Snell "[i]f the records you seek are not located at this facility I will refer you to correct facility/department. If the records are available here, I will provide them. as indicated in the conclusion noted in this appeal determination." 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 ofrecords at the time of the request. See G. L. c. 66, § 1O (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, § lO(b) (iii). One Ashburton Place, Room. 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.m.a.us

Ms. Jeanine Roth SPR18/342 Page2 March 23, 2018 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 pre@sec.state.ma.us. Mr. Snell may appeal the substantive nature of the revised response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Emory Snell Jr.