Emory Snell, Jr. v. Department of Correction - Legal Division (SPR 20182059)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 3, 2018 SPRlS/2059 Kate Silvia Department of Correction 50 Maple Street, Suite 3 Stoughton, MA 02072 Dear Kate Silvia: I have received the petition of Emory Snell Jr. appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Snell requested four categories of records concerning a transfer. Current Appeal In a letter dated December 4, 2018, you provided Mr. Snell records responsive to his request. Unsatisfied with this response, Mr. Snell petitioned this office and as a result SPRl 8/2059 was opened. In a letter dated December 6, 2018, Mr. Snell expressed to this office that the Department's response did not address his concerns. In the December 6th letter Mr. Snell writes, "[n]owhere are there any answers regarding my specific request concerning any communications by Coms'r Turco, and if he had a designee, any communications demonstrating that, especially insofar as, [paragraph 2]. Nor, as per [paragraph 3], does any information concerning Michael Rodrigues appears." 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 ofrecords at the time of the request. See G. L. c. 66, § IO(a)(ii). Although the Department provided Mr. Snell records responsive to his request, it is unclear if the Department possesses any other records responsive to his 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

Kate Silvia SPR18/2059 Page2 January 3, 2019 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: Emory Snell Jr.