Harold Oliver v. Massachusetts Parole Board (SPR 20200986)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 2, 2020 SPR20/0986 Charles Walsh, Esq. Legal Counsel Massachusetts Parole Board 12 Mercer Road Natick, MA 01760 Dear Attorney Walsh: I have received the petition of Harold Oliver appealing the response of the Massachusetts Parole Board (Board) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Oliver requested: “a copy of the contract between the Multi-Health Systems, the designer of the Level of Service/Case Management Inventory (LS/CMT) (Risk and Needs Assessment Tool) and the [Board].” Mr. Oliver also asked that the Board waive any applicable fees for the request. In a June 16, 2020 response, the Board indicated that was providing portions of the requested document, because after a thorough search, these documents are the only portions that the Board was able to locate. It is also my understanding that the Board did not charge Mr. Oliver for any costs that the Board may have incurred. As a result, of the Board’s response, Mr. Oliver petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his June 18, 2020 petition, Mr. Oliver asserts, “…it is the responsibility of the agency employee[s] who create, receive and maintain public records to ensure their safekeeping and availability to the public.” Records Management The Board is advised that a custodian of records has an affirmative duty to maintain, secure, and preserve governmental records throughout the records life cycle. As such, safeguards must be instituted by the Board to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, § 8; G. L. c. 66, § 13; G. L. c. 66, § 15. For further guidance in records management and retention, the Board may contact the Records Management Unit (RMU) at 617-727-2816. The RMU operates under the authority of the Supervisor of Records, assisting state and local government entities in 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

Charles Walsh, Esq. SPR20/0986 Page 2 July 2, 2020 creating, managing, securing, and preserving records needed to conduct business and protect the rights and obligations of citizens and government. Training workshops on records management are conducted upon request. Please note that public records must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also Reinstein v. Police Comm’r of Boston, 378 Mass. 281, 289-90 (1979). It is - - - - - unclear when the contract was signed; how long the Board retained the contract at issue; and whether the Board’s records are housed in a different location that has not been searched. See G. L. c. 66, § 10(a)(ii), (b)(ii), (iii). Specifically, the Board must explain whether the requested contract was destroyed, or whether the contract had reached its retention period and was not required to be retained any further. See G. L. c. 66, § 10(a)(ii), (b)(ii). If the balance of the responsive contract was destroyed, the Board must demonstrate whether it followed proper records retention protocol in doing so. Conclusion Accordingly, the Board is ordered to provide Mr. Oliver with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations as soon as practicable. 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, Rebecca S. Murray Supervisor of Records cc: Harold Oliver