Emory Snell, Jr. v. Department of Correction - Legal Division (SPR 20192284)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 25, 2019 SPR19/2284 Kate M. Silvia Massachusetts Department of Correction 50 Maple Street, Suite #3 Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Emory G. Snell, Jr. 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 October 1, 2019, Mr. Snell requested the following records related to the "tear-proof' envelope policy: a. On 27 August 2019, at approximately 0815 hrs., personal property was confiscated from me by IPS, on some unspecified "tear-proof' envelope policy. I demand c.124, §1 (b) (c) (q), and c.30A §§1, lA, when this regulation was promulgated per the State Administrative Procedures Act ("Act"), in that my public records requests seeks: any and all records, information, material or other document relating directly to this "tear- ~ proof' envelope policy; b. Per c.125, § 1 et seq., what regulation or other statutory authority authorizes specifically usurping either 124, §1 (b) (c) (q), or c.30A, §§1. IA giving the warden of Shirley such authority as to enforce confiscation of any "tear-proof' envelope policy, which is not specifically promulgated; c. Any and all records not specifically requested hereto, and authorizes seizure of prisoner property without regard to due process of law, or such common law tort of conversion; d. Any and all training manuals specific to the taking; confiscation, or larceny of prisoners personal property without regard to due process of substantive law, or common law tort of conversion; 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

Kate M. Silvia SPR19/2284 Page 2 November 26, 2019 e. Any and all specific training afforded to any MCI-Shirley-Med staff, particular to the unlawful seizure; taking, or larceny of prisoners personal property in violation of due process substantive law, and common law tmi of conversion; f. Any and all records, information, documents or any other material listing those procedures to securely store prisoner's personal prope1iy, protecting such prope1iy from arbitrary and capricious destruction. Unsatisfied with the response from the Department, Mr. Snell petitioned this office and this appeal was opened as a result. This request was the subject of a previous determination, SPRl 9/2004. See SPRl 9/2004 Determination of the Supervisor of Records; October 15, 2019. In the October 15, 2019 Determination, the Department did not provide Mr. Snell a response to his request for records as of the date of the letter. In a letter dated November 1, 2019, Mr. Snell claims, "[t]he Department of Correction records custodian at MCI-Shirley, instead of complying with the Supervisor's order, provided a copy of 103 CMR 481.et seq., citing 481.11(3), as the only answer to each of those six requests. However, neither 481.et seq., nor 481.11 (3) entails any public records information, material, or anything relevant to my six requests." Consequently, it is unclear whether any additional responsive records exist. Conclusion Accordingly, Ms. Silvia is ordered to provide Mr. Snell with a response in a manner consistent with this order, the Public Records Law, and its regulations within ten (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. Sincerely, ~r~ Supervisor of Records cc: Mr. Emory G. Snell Jr.