Emory Snell, Jr. v. Department of Correction - MCI Shirley (SPR 20232035)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 12, 2023 SPR23/2035 Michelle Brogna Records Clerk Department of Correction MCI Shirley 104 Harvard Road Shirley, MA 01464 Dear Ms. Brogna: I have received the petition of Emory Snell, Jr. appealing the response of the Department of Correction (Department) to his request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 12, 2023, Mr. Snell requested the following records: [1.] Any and all records, incident reports, information, papers, log entries; or any other material specific to law library access of Emory G. Snell, Jr. ... beginning from 12-2018 thr[ough] 2-2020; [2.] Any and all correspondence, email, memorandum, or information and material specific to law library ‘extra’ time submitted by Emory G. Snell, Jr., ... from 12-22018 thr[ough] 2-2020; [3.] Anything not specifically requested hereto, concerning with specificity law library access; memorandums; orders; policies; regulations or all other materials regarding Emory G. Snell, Jr., ...and law library access from 12-2018 thr[ough] 2- 2020. The Department provided a response on August 15, 2023. Unsatisfied with the response, Mr. Snell petitioned this office and this appeal, SPR23/2035, 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 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

Michelle Brogna SPR23/2035 Page 2 September 12, 2023 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); 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. The Department’s August 15th response In its August 15, 2023 response, the Department stated that “[p]lease fill out and return the enclosed CORI form. We will begin processing once we receive the form.” The Department’s response did not contain the specificity required in a denial of access to public records. Based on the Department’s response, it is unclear if the Department possesses records responsive to the 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). Further, the Department did not specify under what exemption of the Public Records Law it intends to withhold the requested records. As a result, I find that the Department did not satisfy its burden in responding to this records request. 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). Conclusion Accordingly, the Department is ordered to provide Mr. Snell 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 the response to this office at pre@sec.state.ma.us. Mr. Snell 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: Emory Snell, Jr.