Emory Snell, Jr. v. Department of Correction - Legal Division (SPR 20190093)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 29, 2019 SPR19/0093 Nancy White, Esq. Department of Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Attorney White: I have received the petition of Emory Snell appealing the nonresponse 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: 1-All records, information, and any other material supposedly produced or counseled at MCI-Shirley Medium, 1 Harvard Rd., Shirley, MA 01464, which support a 'policy' that restricts Legal (sic) supplies, in particular, envelopes for mailings to the Courts; lawyers, Public Officials, or those others directly involved, e.g., Senators & Representatives of the General Court of the Commonwealth of Massachusetts, in sufficient amounts to accomplish that purpose; 2- All records, information, materials, memos, emails, and every other document, where Steven P. Kenneway, warden of MCI-Shir-Med., has designated Stacey Butowski, as Dir. Of Treatment, for the express purpose of abrogating 103 CMR 4 78 .10( 1) (5)(a )(legal supplies), pursuant to G.L. c.125, § 1 et seq; 3- Any and all such public records not explicitly demanded herein, with any relevance to such Shirley-legal supplies-policy that restricts or otherwise confines Emory G. Snell, Jr.'s ability to adequately, effectively and meaningfully communicate with any party under the Laws of the Commonwealth. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days of receipt of the request. G. L. c. 66, § lO(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. As of the date of this letter, it is my understanding that the Department has not provided Mr. Snell a response to his request for records. 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

Nancy White, Esq. SPR19/0093 Page2 January 29, 2019 Order Accordingly, the Department is ordered to provide Mr. Snell with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Emory G. Snell, Jr.