Emory Snell, Jr. v. Department of Correction - Legal Division (SPR 20201484)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 10, 2020 SPR20/1484 Kate Silvia Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Mr. Emory Snell appealing the nonresponse of the Department of Correction (Department) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Snell submitted a request for “1. All records, information and materials concerning memoranda, policy, or rule changes at MCI-Shirley specific to prisoner access to the law library from July 1, 2020 to present; 2. Any and all records, information and materials regarding the latest records of COVID-19 exposures at MCI-Shirley from July 1, 2020 to present; 3. All records, information and materials concerning prisoner movements to programs, activities and services at MCI-Shirley instigated by any DOC employee, servant, or agent from July 1, 2020 to present” within the possession of the Department. Claiming to not yet have received a response, Mr. Snell petitioned this office and this appeal was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(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, § 10(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. 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

Ms. Kate Silvia SPR20/1484 Page 2 September 10, 2020 If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Conclusion Despite being notified of the opening of this appeal from a member of the Public Records Division staff, no response has been provided. Accordingly, the Department is ordered to provide Mr. Snell with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 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, Rebecca S. Murray Supervisor of Records cc: Mr. Emory Snell