Emmett S. Muldoon v. Department of Correction - Legal Division (SPR 20230407)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 16, 2023 SPR23/0407 Kate Silvia Director of Communications Department of Correction – Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110 Dear Ms. Silvia: I have received the petition of Emmett 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 January 14, 2023, Mr. Muldoon requested “[o]ne Christmas card, mailed by [a named person]…” Prior Appeal This request was the subject of a prior appeal. See SPR23/0225 Determination of the Supervisor of Records (February 21, 2023). In my February 21st determination, I found the Department had not met its burden to withhold the responsive record under Exemption (a) of the Public Records Law. In a letter dated February 24, 2023, Mr. Muldoon requested that this office opine on the scope of Exemption (a). This appeal, SPR23/0407, was opened as a result. Current Appeal In his current appeal, Mr. Muldoon indicated that this Office should opine on the scope of application for Exemption (a). G. L. c. 4, § 7(26)(a). Based on the February 24th letter, it is unclear what the basis of Mr. Muldoon’s appeal is. Mr. Muldoon is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(l)(f). Mr. Muldoon may wish to clarify this matter when the Department has provided a response. Conclusion Accordingly, I will consider this administrative appeal closed. 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 SPR23/0407 Page 2 March 16, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Emmett Muldoon