Todd Wallack v. Department of Correction - Legal Division (SPR 20222472)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 9, 2022 SPR22/2472 Kate Silvia Director of Communications Department of Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Ms. Silvia: I have received the petition of Todd Wallack, of WBUR, appealing the nonresponse of the Department of Correction (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 17, 2022, Mr. Wallack requested “…[a]udio recordings of all telephone calls placed by or to [named individual] while housed in a Department of Correction facility between April 17, 2017 and April 19, 2017.” Previous Appeals and Fee Petition This request was the subject of previous appeals and a subsequent fee petition. See SPR22/1320 Determination of the Supervisor of Records (June 21, 2022); SPR22/1449 Determination of the Supervisor of Records (July 8, 2022); and SPR22/1684 Determination of the Supervisor of Records (July 28, 2022). In my July 28th determination, I found that where the Department had not demonstrated that it submitted a timely petition, permission to charge for time spent segregating or redacting responsive records could not be granted. 950 C.M.R. 32.06(4)(g). Claiming to not yet have received responsive records, Mr. Wallack petitioned this office and this appeal, SPR22/2472, was opened as a result. It is my understanding that a representative of the Department provided a response dated November 1, 2022. Mr. Wallack has subsequently appealed that response, and the issues will be addressed in SPR22/2476, which is currently 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

Kate M. Silvia SPR22/2472 Page 2 November 9, 2022 Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Todd Wallack