Justice Ainooson v. Department of Correction - Division of Human Resources (SPR 20191158)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 24, 2019 SPR19/1158 Denise Santos Human Resources Massachusetts Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Ms. Santos: I have received correspondence from Justice Ainooson 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, on August 29, 2018, Mr. Ainooson requested various categories of records concerning the conduct of the Department's staff members. The Department provided a response on March 6, 2019. Unsatisfied with the Department's response, Mr. Ainooson petitioned this office and SPR19/1158 was opened as a result. Previous Appeal This appeal is the subject of a previous appeal. See SPRl 8/1669 Determination of the Supervisor of Records (November 26, 2018). I closed SPR18/1669 by ordering the Department to provide Mr. Ainooson with a response in a manner consistent with the order, the Public Records Law and its Regulations without delay. The Department's March 6th Response In its March 6th response, the Department indicates they are "unable to provide ... the requested data and materials for the following reasons: 1. The Department does not keep centralized records regarding the introduction of contraband by inmate, contractor, medical staff, civilian employees, volunteers, or visitors. There is no database or central depository for such records and not statistics, annual or otherwise, are generated. As such, there are no such documents in the Department's care, custody or control containing the data you seek; 2. Even is such data could be compiled, the sheer amount of requested information and materials is prohibitive and excessive. If you would like to narrow your request, you may resubmit for reconsideration. 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

Denise Santos SPR19/1158 Page 2 June 24, 2019 3. According to data, 139 employees have been disciplined for introducing contraband items since 2000. Contraband in this case means any item that is not permitted in a Department facility." Additional responsive records Mr. Ainooson in his appeal contends "I am appealing the decision of Denis Santos' refusal to comply with my Public Records Request. .. claiming that the records that I requested are material that is prohibited or excessive." 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, § lO(a)(ii). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requesters in obtaining the desired information. See 950 C.M.R. 32.04(5)(b). This duty extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 1O (b) (iii). Based on the Department's response, it is unclear whether the Department possesses responsive records. Therefore, the Department must confirm whether it possesses responsive records and provide such response in compliance with the Public Records Law and its Regulations. If records are within the Department's possession and it intends to withhold the documents, an exemption must be provided as stated above. See G. L. c. 66, § lO(b)(iv) ( custodian has the burden of establishing the applicability of an exemption). Order Accordingly, the Department is ordered to provide Mr. Ainooson with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within 10 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. Ainooson 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: Justice Ainooson