Kevin Norris v. Department of Correction - Legal Division (SPR 20212343)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 27, 2021 SPR21/2343 Kate Silvia Director of Communications Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Kevin Norris 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 August 6, 2021, Mr. Norris requested, “…an email/report referenced by investigators following [a] parole violation.” On August 10th, Mr. Norris also requested: [1] A list of all vaccinated and unvaccinated inmates and correctional staff[;] [2] A copy of the Department’s home confinement and furlough policy[;] [3] A copy of the remediation plan required by the Department of Justice[;] [4] A copy of the contract with the company that provides the cloth mask [for incarcerated individuals and correctional staff;] [5] A copy of any document showing how much money the [Department] receives in federal funding; [6] A copy of the [Department’s] policy regarding treatment of inmates with mental health issues[;] [7] A copy of any lawsuit against the [Department] regarding the coronavirus [and;] [8] A copy of all [Department] emails regarding [Mr. Norris] from April 1, 2021 to the present. Previous Appeal The August 10th request was the subject of a previous appeal. See SPR21/2199 Determination of the Supervisor of Records (August 27, 2021). On August 25, 2021, the Department provided two responses. In its first response to the items from SPR21/2199, the Department addressed Mr. Norris’s August 10th request by providing Mr. Norris with responses for items 1, 2, 5, and 6 along with additional records. In its other response, the Department stated 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 Silvia SPR21/2341 Page 2 September 27, 2021 that, “[t]his responds to your follow up correspondence dated August 6, 2021…[and a]s stated in your previous response, the MA Parole Board is the custodian of the records regarding [the] parole violation report…Regarding CDC guidelines related to COVID 19, the Department is not the custodian of those records.” Unsatisfied with the Department’s response, Mr. Norris petitioned this office and this appeal, SPR21/2343, was opened as a result. In his appeal, Mr. Norris indicates, “[t]he Department is still saying I must seek a copy of the documents from the Parole Board…since the records are part of [a] parole violation report. First of all, this statement is correct, the information I seek is not in [the] parole violation report...[Second…s]ince [the Department] quote[s the CDC guidelines regarding COVID 19], they should supply/provide them.” After a review of the case file, it is unclear if Mr. Norris is appealing any of the Department’s substantive response to SPR21/2199. Further, it is unclear where a copy of Mr. Norris’s August 6th request, referenced in the Department’s August 25th response, is located. See 950 C.M.R. 32.08(1)(g) (requesters shall provide to the Supervisor complete copies of all correspondence associated with the petition). Finally, it is unclear which of the Department’s August 25th responses Mr. Norris is appealing. Accordingly, I am unable to opine on this appeal at this time. If unresolved issues remain, Mr. Norris may file an appeal with this office with the necessary documents. Sincerely, Rebecca S. Murray Supervisor of Records cc: Kevin Norris