K.C. Myers v. Department of Correction (SPR 20230422)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 16, 2023 SPR23/0422 Kate Silvia Director of Communications Massachusetts Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of K.C. Myers, of Provincetown Independent, appealing the response 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 January 4, 2023, K.C. Myers requested the following information regarding the Massachusetts Alcohol and Substance Abuse Center (MASAC) from January 4, 2020 to January 4, 2023: [1] A list of staff, job titles in 2020 (before reforms were instituted in May of 2020) and a list as of same for [J]an 4 2023. Include number of correctional officer, social workers, psychiatrists, doctors, activities directors; [2] Current or most recent WellPath Contract including total dollar amount of annual contracted services that the State paid WellPath for MASAC work; [3] Contract with Partnership for Correctional Healthcare for 2020 annual (before forms were instituted in May of 2020); [4] Organization Procedural handbook from Jan 2020 (before reforms were instituted); [5] Organization Procedural handbook for Jan 2023 or most current. A schedule of daily meetings/services from 2020 (before reforms were instituted in May of 2020) A Jan or most recent schedule of daily meetings/services from 2023 or most recently available. An annual breakdown of patients’ diagnoses - in the form of addictions to which substances (Alcohol, Opioids, Meth) from 2020 and 2022. An annual breakdown of patients’ mental health diagnoses from 2020 and 2022. Census -- admission levels - total number of admission in 2020, 2021 and 2022. Amount taken in from insurance reimbursement annual 2020, 2021 and 2022. On January 11, 2023, the Department emailed K.C. Myers stating, “[the Department] is seeking clarification of what you mean by organizational procedure handbook?” In her petition, 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 SPR23/0422 Page 2 March 16, 2023 K.C. Myers informed this Office, “I answered and then heard no more, so I asked if I did anything wrong in my request, and then received the following response on Feb. 9: ‘Hi K.C., No, your request was fine, [Ms. Silvia is] just waiting on requested documentation. [The Department] will forward your request for an interview to [Ms. Silvia’s] Deputy to review.’” After not receiving any further response from the Department, on March 2, 2023, K.C. Myers petitioned the Supervisor of Records (Supervisor), and this appeal was opened. 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(b)(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. Based on the Department’s response, it is unclear if the Department possesses records responsive to the request, and if so, when it intends to provide the records. 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 the requested 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). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). Conclusion Accordingly, the Department is ordered to provide K.C. Myers with a response to her request 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 the response to this office at pre@sec.state.ma.us. K.C.

Kate Silvia SPR23/0422 Page 3 March 16, 2023 Myers may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: K.C. Myers