Jose L. Negron v. Department of Correction - Legal Division (SPR 20202011)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 2, 2020 SPR20/2011 Heidi D. Handler, Esq. Department of Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110 Dear Attorney Handler: I have received the petition of Jose L. Negron appealing the response of the Department of Correction to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Negron requested: • The public hearing minutes of January 2017 over the half a dozen amended Department policies and regulations pursuant to G. L. c. 30A, § 2; 103 C.M.R. 491.01; 103 C.M.R. 430.01; 103 C.M.R. 478.01, etc. etc.; • The Notice of the [Department’s Notice of Public Hearing to the State Secretary] public hearing sometime in December 2016 posted at each [Department] facilities; • [Department] Small Impact Statement pursuant to 950 C.M.R. 20.04(2)(9); Department Small Impact Statement pursuant to 950 C.M.R. 20.04(2)(9), regarding the adoption of policies; and • Any/all notice of correction of errors section 20.04(4) made to the State Secretary Publication/Regulation Division. Prior appeal The requested records were the subject of a prior appeal. See SPR20/1722 Determination of the Supervisor of Records (October 1, 2020). In a September 3, 2020 response, the Department informed Mr. Negron, “…the [Department] did not hold any public hearing in the month of January 2017, nor were any notices published in December 2016. The Department had public hearings regarding regulations most recently in September and October 2016, February 2019, and July of 2019.” The Department informed this office that a further response would be provided to Mr. Negron in response to SPR20/1722. On October 7, 2020, the Department provided Mr. Negron with a further response. Unsatisfied with the Department’s October 7, 2020 response, Mr. Negron petitioned the Supervisor again, and the current appeal was opened. 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

Heidi D. Handler, Esq. SPR20/2011 Page 2 November 2, 2020 The Department’s October 7, 2020 response In its October 7th response, the Department states, “Mr. Negron attached 103 C.M.R. 491 with an effective date of May 5, 2017. However, because this regulation was last taken to public hearing October 6, 2016 it is not responsive to Mr. Negron’s original request. Mr. Negron also attached 103 C.M.R. 423 with a noted effective date of December 28, 2018. The Department filed 103 C.M.R. 423 on 12/28/2018, making it effective 12/28/2018. Interested parties were notified of a public hearing on January 16, 2019 and a public hearing was held on February 11, 2019. Accordingly, this document is also not responsive to Mr. Negron’s request.” The Department also asserts, “….even though the Department does not have any records responsive to Mr. Negron’s original request, because of the delayed response and in an effort to be transparent, the Department provided Mr. Negron with approximate dates of all public hearings held by the Department in the last four years. Mr. Negron was also informed that he could revise his request for records so that further information could be provided. Lastly, Mr. Negron was apprised as to how he could be notified of any future hearings held by the Department.” It is my understanding that should Mr. Negron wish to revise his February 21st]request, or submit a new request which includes either the dates of a hearing, or a specific regulation number(s), the Department will respond to that amended or new request under the Public Records Law. Conclusion Accordingly, I find that the Department responded on September 3rd and October 7th that it does not have records responsive to Mr. Negron’s February 21st request, and that if Mr. Negron seeks to amend his February 21st request or make a new request to the RAO in MCI Norfolk, the Department will respond. I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jose Negron Kate M. Silvia, Director of Communications