John D. Rousseau v. Department of Correction - MCI Norfolk (SPR 20191924)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S. Murray Supervisor of Records

September 30, 2019 SPR19/1924 Steven Silva MCI-Norfolk 2 Clark Street Norfolk, MA 02056

Dear Superintendent Silva:

I have received the petition of John D. Rousseau appealing the response of the Department of Correction (DOC) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Rousseau requested “any email, letter or other item(s) as defined by State Law as a public record, in regards to the following matters: |

Referral for response to my letter addressed to Kate Silvia [07-24-19].

Referral for response to my letter addressed to Kate Silvia [08-27-19].

Referral for response to my appeal addressed to Rebecca S. Murray [08-21-19]. Referral for response to my appeal addressed to Rebecca S. Murray [08-27-19]. Authorization by any state official or appointment to the office of the Secretary of Commonwealth’s Public Records Division.

WP wn

6. Any SPR# and determination from the Supervisor of records to formally close matters appealed to the Supervisor of Records [08-30-19]. 7. Any training certificate and formal appointment as the Records Access Officer for

MCI Norfolk, please include all authorizations.”

Unsatisfied with the response he had received from the DOC, Mr. Rousseau petitioned this office and this appeal was opened as a result.

The DOC’s Response

In a September 10, 2019 letter to Mr. Rousseau, the DOC stated “[y]ou will need to be more specific with your request regarding number 1-6. There is no document response [sic] to your number 7 request.”

Current Appeal

Mr. Rousseau is appealing the DOC’s response on the grounds that he has not received

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

Steven Silva SPR19/1924 Page 2 September 30, 2019

any responsive records. |

Please be advised that it is appropriate for the custodian of records to suggest a “reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records

sought more efficiently and affordably.” See G, L. c. 66, § 10(b)(vii). Mr. Rousseau is encouraged to provide the DOC with the needed clarification regarding the requests referenced in the DOC’s response. G, L. c. 66, § 10(a)(i) (the request must reasonably describe the public record sought). The DOC must use its knowledge of the records to facilitate the provision of any responsive records, 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, § 10(a)(ii), (b)(i).

Based on the DOC’s response, it is unclear whether the DOC possesses any records responsive to the requests numbered 1-6. The DOC must clarify this matter. If the DOC intends to withhold any responsive record, it must demonstrate the applicability of an exemption to the record. See G.L. c. 66 § 10(b)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide _ the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based...”).

Conclusion

Accordingly, the DOC is ordered to review the requests and provide a response to Mr. Rousseau including any responsive records and identifying what aspects of the requests remain unclear. This response must be made in accordance with the Public Records Law, its Access Regulation and this order within ten (10) business days. 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 ce: John D. Rousseau