Robert W. Anderson, Jr. v. Department of Correction - MCI Shirley (SPR 20180536)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 7, 2018 SPR18/536 Elizabeth Kingman MCI-Shirley Records Manager PO Box 1218 Shirley, MA O1 464 Dear Ms. Kingman: I have received the petition of Robert W. Anderson appealing the response of the Department of Correction - MCI Shirley (Department) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1). Specifically, on February 18, 2018, Mr. Anderson requested "MCI-Shirley 481 Mail Procedure as is available in the Institutional Law Library" as well as email correspondence between two identified custodians. In their second response dated April 10, 2018, the Department provided Mr. Anderson with some of the records responsive to his request. Mr. Anderson is appealing the Department's non-response on two categories of requested records. 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, § IOA(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, § 1 O(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 Department's April 10th response In its April 19th response the Department asserts "[p] lease find enclosed copies of policies that you requested for at [no charge]." The Department provided Mr. Anderson with the first four 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

Elizabeth Kingman SPR18/536 Page2 May 7, 2018 categories of responsive records requested by him, but states that the "MCI-S 481 Mail Procedure" is "unavailable at this time." The Department also provides in regard to the requested emails by Mr. Anderson that he ''reach out to Mr. Gary Temple, Director of Support Services ... for information pertaining to the 'Tablet Accessories' and the [no cost exchange program]." It is unclear why certain records unavailable and if the Department intends on providing them once they are available. It is also unclear if the Department has emails responsive to Mr. Anderson's request. Conclusion Accordingly, the Department is ordered to provide Mr. Anderson with a supplemental 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 office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Anderson may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Robert W. Anderson