William M. Tyree v. Department of Correction - Souza-Baranowski Correctional Center (SPR 20181862)

The Comrnon,vealtb of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 3, 2018 SPRlS/1862 Vicki Pineda Paralegal Department of Correction - Souza-Baranowski Correctional Center P .0. Box 8000 Shirley, MA O1 464 Dear Vicki Pineda: . I have received the petition of William M. Tyree appealing the response of Depaiiment of Correction - Souza-Baranowski Correctional Center (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on October 26, 2018, Mr. Tyree requested "a copy of the video from the Secure Treatment Program (STP), for December 27, 2017 [c oncerning a specific event]." Current Appeal In a letter dated November 9, 2018, you expressed to Mr. Tyree that, "[a]fter conferring with the Inner Perimeter Security, I have been informed that no video of the above noted area for the date in question exist at this time as the video has expired." Unsatisfied with this response, Mr. Tyree petitioned this office and as a result SPRl 8/1862 was opened. In a letter to this office dated November 13, 2018, Mr. Tyree states, "I sought video footage from December 27, 2017, so on October 26, 2018, the video footage should still exist." He fmiher writes, "I would like to know what the date·that the video expired!" Please be advised, 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, § lO(a)(ii). Although the Department states there are no records responsive to Mr. Tyree's request as the video expired, it is unclear if the Department possesses any other records responsive to his request. One Ashbution 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 SPRI8/1862 Page 2 December 3, 2018 Conclusion Accordingly, the Department is ordered to provide a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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 M. Tyree