Emmett S. Muldoon v. Department of Correction (SPR 20232687)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 10, 2023 SPR23/2687 Kate Silvia Director of Communications Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Emmett S. Muldoon 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 October 13, 2023, Mr. Muldoon requested the following records: [1.] A copy of each grant, loan, or contract representing federal financial assistance, received directly or indirectly (as through the Executive Office of Public Safety (EOPSS)) and through the use of any Inter departmental Service Agreement (ISA)[;] [2.] A copy of the Department of Correction’s drug-free awareness program or policy, or similarly worded document, as required under the Drug-Free Workplace Act, 41 U.S.C., §§ 8101 et seq.[;] [3] A copy of a blank drug-free workplace statement, as used by the DOC and required to be provided to each DOC employee, as described under 28 CFR Part A, subpart B, § 83.205(a)-(c)(1),(2)[;] [4.] The names, job description, and actions taken against each DOC employee who have been convicted of drug violations in violation of 41 U.S.C., § 8101 et seq., and identify each Federal agency notified in accordance with the requirements of 41 U.S.C., § 8103(a)(1)(A)-(G). This request# 4, has a separate time line. For each action and notification, I am requesting a time frame beginning in 2010 through the 2023 date of your reply[.] 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 SPR23/2687 Page 2 November 10, 2023 Claiming to not yet have received responsive records, Mr. Muldoon petitioned this office and this appeal, SPR23/2687, was opened as a result. Subsequently, I learned that the Department provided a response to Mr. Muldoon on November 7, 2023. Where this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Mr. Muldoon 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: Emmett S. Muldoon