Jose L. Negron v. Department of Correction (SPR 20222393)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 27, 2022 SPR22/2393 Kate Silvia Records Access Officer Department of Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110 Dear Ms. Silvia: I have received the petition of Jose L. Negron appealing the response of the Department of Corrections (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 29, 2022, Mr. Negron requested: [1] Attachment #4 Impact Statement, Policy Number and Title pg. 28 of 38 internal regulation 103 DOC 104[;] [2] Attachment #5, Policy Review Tracking form pg., 29 or 38 Internal regulation[;] [3] Attachment #6, Supt., Policy/Regulation Review Chart, pg.30 of 38 Internal regulation[;] [4] Attachment #7, Superintendent’s Policy/Regulation Change Sheet pg. 31 of 38 Internal Regulation 103 DOC 104[;] [5] Attachment #8, department of Correction procedural Statement On the Conduct of Public Hearing, pg. 32 of 38 Internal regulation 103 DOC 104. [6] Attachment #9 Waiver Request format, pg.34 of 38 Internal Regulation 103 DOC 104[;] [7] Attachment #10 Committee/Meeting Policy/Regulation Change form Internal Regulation pg.35 of 38 103 DOC 104; [8] Attachment #11, Civil Rights Impact Analysis, pg.36 of 38 Internal Regulation 103 DOC 104; [9] Attachment #11, Civil Rights Program Civil Rights Impact Analysis certification, pg.38 of 38 Internal Regulation 103 DOC 104[;] [10] The documents requested relates to the September 01st 2016 through October 2016 for the following CMR’s, 103 CMR 491.01. Inmate Grievance/SOP, 103 CMR 430 Disciplinary Procedures[;] 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 SPR22/2393 Page 2 October 27, 2022 [11] The Documents requested relates to the May through September of 2018 for “Visitation,’ 103 CMR 483.01, 103 CMR423 (RHU), 103 CMR 481.01 Mail/SOP[;] [12] The documents requested relates to the 2020 amended Mail Policy through July 2022 under Edward Wright v. Comm’r of Corr., and Joseph Green et al v. Comm’r of Corr., Superior Court Lawsuits in the Suffolk City., Sup. Ct. The Department provided a response on September 6, 2022. Unsatisfied with the response, Mr. Negron petitioned this office and this appeal, SPR22/2393, 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 agency or municipality 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(d)(iv) (written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based…”); 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). 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. The Department’s September 6th Response In its September 6, 2022 response, the Department sent a variety of records and stated, “[e]nclosed please find the records responsive to your request.” Current appeal In a letter dated October 3, 2022, Mr. Negron states that, “the record officer send all in-complete form attachment #4 through 11… Blank forms. The officer also provided the incorrect state regulation dated from 2/13/15 Disciplinary 430 / 2/23/07 Special Management 423, 01/05/01 Inmate Grievance 491 and 12/23/14

Kate Silvia SPR22/2393 Page 3 October 27, 2022 visitation 483. Requested whole request was denied by providing with the improper documents and information by the officer.” In light of the claims made by Mr. Negron, it is unclear if the Department possesses additional records that may be responsive to his request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that additional records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the Department is ordered to provide Mr. Negron with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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, Manza Arthur Supervisor of Records cc: Jose L. Negron