William Nadworny v. Executive Office of Public Safety and Security - Massachusetts Parole Board (SPR 20191976)

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

Rebecca S, Murray Supervisor of Records

October 3; 2019 SPR19/1976 Shara Benedetti, Esq. Deputy General Counsel Massachusetts Parole Board 12 Mercer Road Natick, MA 01760

Dear Attorney Benedetti:

I have received the petition of William Nadworny appealing the response of the Massachusetts Parole Board (Board) to a request for public records. G. L. c. 66, § 10A; see also 50 C.M.R. 32.08(1). Specifically, Mr. Nadworny requested:

“1. The video/audio recording of the viewing of the Parole Board members of the May 12, 2015 Public Parole hearing of William Nadworny.

2. The Parole Board agency’s regulation or procedure that governs the agency to allow independent video/audio taping of Lifer’s Public Parole Hearings that view the Parole Board members’ testimony and questioning.”

Previous Appeals

This request was the subject of a previous appeal. See SPR 19/1768 Determination of the Supervisor of Records (September 12, 2019). In my September 12" determination I ordered the Department to provide Mr. Nadworny with a supplemental response to his request for records,

The Department provided Mr. Nadworny with a supplemental response on September 16, 2019, confirming that it does not possess any video recordings responsive to Mr. Nadworny’s request.

Current Appeal In his appeal petition, Mr. Nadworny states that he is satisfied with the Board’s response to Request #1, but appeals the Board’s non-response to Request #2, which concerns the Board’s

olicies regarding 3"'-party videotaping of parole hearings. Pp y

The Board’s September 16" response does not address Mr. Nadworny’s request for polices or procedures regarding the videotaping of parole board hearings. Based on the

- 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

Shara Benedetti, Esq. SPR19/1976 Page 2 . October 3, 2019

Department’s response, it is unclear whether it possesses any records responsive to Mr. Nadworny’s request. The Department must clarify this matter.

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) (written response must “identify any public records or categories of public records sought that are within the possession, custody, or control of the agency”).

Conclusion

Accordingly the Department is ordered to provide a response to Mr. Nadworny consistent with this order, the Public Records Law, and its Access Regulations 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. a aed

Supervisor of Records ce: William Nadworny

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