William M. Tyree v. Souza-Baranowski Correctional Center (SPR 20180456)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 20, 2018 SPR18/456 Vicki Pineda Paralegal Department of Correction Souza-Baranowski Correctional Center P.O. Box 8000 Shirley, MA 01464 Dear Ms. Pineda: I have received the petition of William Tyree appealing the response of the Souza Baranowski Correctional Center (Correctional Center) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on February 13, 2018, Mr. Tyree requested ten categories of records. The Correctional Center responded on February 13, 2018 as well as March 9, 2018. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 1O (b )(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) ( custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. The Correctional Center's responses In its February 13th response, the Correctional Center notes "[t]he records that you are requesting are not a part of your 6-part folder. Therefore I cannot [fulfill] your 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

Vicki Pineda SPR18/456 Page 2 April 20, 2018 Grievances are maintained by Grievance Officer, Inmate canteen you can go through the Treasurers Officer, anything pertaining to food you can contact the Food Service Director." In the March 9th response, you indicate "[p]lease be advised Souza-Baranowski Correctional Center is not the Keeper of the majority of the records you seek. You may contact the departments I refer below: Records regarding Swank Motion Picture, canteen, and vending machines (Request Nos. 1, 2, 3, 7, 8) should be directed to Director of Contract Services Brian Kearnan, 50 Maple Street, Milford, MAOI 757; Records showing the actual cost of feeding the inmate population at SBCC (Request No. 9) should be directed to Deputy Director of Facilities Donald Staffiere, 50 Maple Street, Milford, MA 01757." You also explain "[n]ote that there are over ten different menus, consisting of the standard menu, religious diet menus and several special diet menus. Please clarify whether Request No. 4 includes all menus or just the standard menu." In his appeal petition Mr. Tyree notes "I now request your Office to intervene, and bring ,r,r about access to the Records listed in Exhibit-I, at 1-10. Please note, that in Exhibit-4, as Ms. ,r,r Pineda, is telling me who to contact, and citing the various Records at 1-10, she left out any ,r,r mention of the Records I sought to see, or copy, at 4, 5, 6 and 10." Under G. L. c. 66, § 1O (b )(vii), a records custodian must, where applicable, "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." As described above, you offered to assist Mr. Tyree to modify the scope of request 4 to assist in locating records he is seeking. Under G. L. c. 66, § 1O (b )(ii)-(iii) a records custodian must, where applicable, "identify any public records or categories of public records sought that are not within the possession, custody, or control of the agency or municipality that the records access officer serves;" and/or "identify the agency or municipality that may be in possession, custody or control of the public record sought, if known." I find the Correctional Center has met its burden in responding to requests 1, 2, 3, 7, 8, and 9 because the March 9th response identifies the entity that may be in possession, custody, or control of the records sought. Mr. Tyree is encouraged to contact the custodians referenced in the March 9th response. However, with respect to requests 5, 6, and 10, the Correctional Center must clarify whether it possesses 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, § IO(a)(ii). Conclusion Accordingly, the Correctional Center is ordered to provide Mr. Tyree with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this

Vicki Pineda SPR18/456 Page 3 April 20, 2018 office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma. us. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: William Tyree