Emmett S. Muldoon v. Department of Corrections - Administrative Services (SPR 20213092)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 2, 2021 SPR21/3092 Kate M. Silvia Director of Public Records Department of Correction – Legal Division 50 Maple Street Milford, MA 01757 Dear Kate Silvia: I have received the petition of Emmett S. Muldoon 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 September 18, 2021, Mr. Muldoon requested, “a copy of each standard noted on page one of the [DOC reasonable accommodation policy]…[Also], please provide me with a full copy of each standard so I don’t have to return for additional sections.” The Department provided a response on November 10, 2021. Unsatisfied with the response, Mr. Muldoon petitioned this office and this appeal, SPR21/3092, 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. 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. 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 M. Silvia SPR21/3092 Page 2 December 2, 2021 The Department’s November 10th Response On November 10, 2021, the Department stated, “please find the responsive records below.” The Department then listed various standards pursuant to Mr. Muldoon’s request. Current Appeal On November 18, 2021, Mr. Muldoon indicated “it is my belief that the DOC response to each requested standard provides only a brief reference to [each] said standard. I further believe that each requested standard contains several or more sections. An example of this can be found on the last page under PREA 115.16 [(b) and (c)] where those subsections refer to §115.64…[Also] I originally requested the first standard listed on the reasonable accommodation policy 2-CI-51-1. The DOC response included a standard [titled] ‘2-CI-5A-1.’ [Is this] a different standard[?]” A representative from the Public Records Division spoke with the Department on the telephone. The Department stated that there are no omissions or abbreviations to the standards and that they were sent to Mr. Muldoon in their entirety. The Department also clarified that the PREA 115.16 subsection refers to standards that are not germane to the accommodation standards for which Mr. Muldoon seeks records. Finally, the Department also clarified that the standard titled 2-CI-5A-1 is what Mr. Muldoon believed was titled 2-CI-51-1. Conclusion In light of the above, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Emmett S. Muldoon