Jose L. Negron v. Department of Correction - Legal Division (SPR 20210010)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 19, 2021 SPR21/0010 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 (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 4, 2020, Mr. Negron requested four categories of records: 1. The public hearing minutes of October 6, 2016, and September 1, 2016; 2. The Notice of the (Department) notice of public hearing to the state Secretary posted at each facility or MGI Norfolk Medium; 3. The Department Small Impact Statement pursuant to 950 C.M.R. 20.04(2)(9) regarding the adoption of policies; 4. Any/all notice of correction of errors section 950 CMR 20.04(4) made to the State Secretary Publication The Department provided a response on November 14, 2020, including responsive records. Unsatisfied with the Department’s response, Mr. Negron petitioned this office, and appeal SPR21/0010 was opened as a result. The Department’s November 14th response In its November 14th response, the Department indicates for request #1 “[t]he minutes from the Public Hearing held on October 6, 2016 are attached. The Department did not hold a Public Hearing on September 1, 2016, thus the Department does not have any further records which are responsive to this request.” The Department further indicates “[t]here is no fee associated with this request, as the total time to research your request and gather documents was less than four (4) hours, and the Department is waiving the $4.85 cost that would normally be associated with this request ($2.25 for copying 55 pages at $.05 per page first 10 pages free, and $2.60 for postage).” 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. SPR21/0010 Page 2 January 19, 2021 In his appeal, Mr. Negron requests “the Supervisor of Records order the (ROA)...to comply with the F.O.I.A. [r]equest and disclose all information, record, or documents related only to the public hearing of October 6, 2016, including…” four specified documents. Where Mr. Negron’s request was for the October 16, 2020, hearing minutes, and the Department provided the requested records, I find the basis of Mr. Negron’s appeal unclear. Conclusion Accordingly, Mr. Negron may wish to submit a new request to the Department for the records he is seeking. Whereas the Department has provided responsive records to the request, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jose Negron Kate M. Silvia, Director of Communications