Jose L. Negron v. Department of Correction - Legal Division (SPR 20191347)

The Con1monwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 11, 2019 SPR19/1347 Jose L. Negron Dear Mr. Negron: I have received your correspondence dated June 28, 2019. Specifically, you had submitted an appeal to this office concerning a request for records with the Department of Correction (Department). · Previous appeals This request for records was subject to two previous administrative appeals: see SPRl 8/026 Determination of the Supervisor of Records (April 10, 2018); see SPRl 8/655 Determination of the Supervisor of Records (May 22, 2018). I concluded SPR18/655 by informing you that the Department may withhold the redacted portions of the responsive records pursuant to Exemptions (b) and (f) of the Public Records Law. Current appeal After careful review of all of the material sent to this office, it is unclear if you had ever received a copy ofmy latest Determination (SPR18/655). In your appeal, you include material where a representative from the Department provides a copy of SPRl 8/026, but I am unaware if you have received the latest correspondence from this office. As such, please find a supplemental copy of SPRl 8/655 enclosed. All petitions for appeal shall be in writing and shall specifically describe the nature of the requestor's objections to the responses or failure to timely response. 950 C.M.R. 32.08(1)(£). Please feel free to provide this office additional information as described above and this office will proceed accordingly. 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

Jose Negron SPR19/1347 Page 2 July 11, 2019 Sincerely, ~~ Rebecca S. Murray Supervisor of Records

The Cmnmonwealth.ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervfsor ofR ecords May 22, 2018 SPR18/655 Joan T. Kennedy, Esq. Legal Counsel III Department of Correction - Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Attorney Kennedy: I have received the petition of Jose Negron appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on November 29, 2017, Mr. Negron requested records and investigative rep01is regarding the security threat group management. Mr. Negron noted that this request includes, but is not limited to, "(l) Policy Regulation l 03 DOC 514.00 ('STG'), (2) Policy Regulation 103 DOC 527. 00 ('SRI'),~) Investigative reports or Investigation specifically from December of2010 through January 241 2017 by the I.P.S., (4) Reports. of closing investigation, (5) Any and all information, data, pictures; not otherwise exempted by statute, (6) Periodic Review repmis ('STG') validation, (7) STG Hearing Forms signed/dated, (8) Conflicts Submitted Forms, [and] Interview Rep01is on ('STG') conflicts submitted by the ('IPS') Department." Previous appe(ll; in cmneJ'(I review This request was the subject of a previous appeal and subsequent reconsideration. See SPRl 8/026 Determinations of the Supervisor of Records (January 16, 2018 and February 21, 2018). After the reconsideration, I ordered the Depmiment to provide an unredacted copy of a representative sample of the responsive records for in camera inspection. After the in camera review, I issued a dete1111inatio11 on April 10, 2018. In my April 10111 determination, I found that to the extent that portions of the responsive records may fall within Exemptions (b) and (f) of the Public Records Law, those poliions may properly be withheld from disclosure. However, I indicated that it was unclear whether the records must be withheld in their entirety. As a result, I ordered the Department to provide Mr. Negron with a response to the request, provided in a manner consistent the order, the Public Records Law, and its Regulations within ten business days. OneAshbmion Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617)727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Joan T. Kennedy, Esq. SPR18/655 Page2 May 22, 2018 Following my April 1o •h determination, the Department provided a response dated April 25, 2018, which included responsive records in redacted form. Unsatisfied with the Depaiiment's response, Mr. Negron petitioned this office and this appeal, SPRl 8/655, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all gover1llllental records ai·e public records. G. L. c. 66, § 1O A( 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, § 1O (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. If there ai·e any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department's April 2511 ' response In its April 25, 2018 response, the Department indicated that the responsive records provided were redacted in accordance with the Supervisor's April lO'h order. Based on the in camera review of responsive records, coupled with the Depaitment's provision of responsive records in redacted form, I find the Department has acted properly in redacting the records pursuant to Exemptions (b) and (f) of the Public Records Law. See SPR18/026 Determination of the Supervisor of Records (April 10, 2018). Co11c/11sio11 Accordingly, whereas I find that the Department may permissibly withhold the redacted po1tions of the responsive records pursuant to Exemptions (b) and (f) of the Public Records Law, I decline to conduct a second in camera review of the responsive records. This administrative appeal is now closed. IfMr. Negron is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Collllllonwealth. See G. L. c. 66, § I O(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies).

Joan T. Kennedy, Esq. SPRIS/655 Page 3 May 22, 2018 Sincerely, ~ a y ~ Supervisor of Records cc: Jose Negron