Carolyn Wagner v. Department of Correction (SPR 20232735)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 28, 2023 SPR23/2735 Kate Silvia Communications Director Department of Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110 Dear Ms. Silvia: I have received the petition of Carolyn Wagner 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 October 22, 2023, Ms. Wagner requested the following: [1.] Records used by [the Department] that provide the standards used to evaluate exemption requests, whether religious or medical, in connection with the COVID- 19 vaccine requirement pursuant to Executive Order 595; and [2.] Records submitted by any Massachusetts Department of Correction employee seeking an exemption to the COVID-19 vaccine requirement and the Department’s response to each such employee’s vaccine exemption request. The Department provided a response on November 7, 2023. Unsatisfied with the Department’s response, Ms. Wagner petitioned this office and this appeal, SPR23/2735, was opened as a result. Based upon a conversation between a Public Records Division staff member and a Department representative, it is my understanding that the Department intends on providing a further response to Ms. Wagner. Accordingly, the Department is ordered to provide Ms. Wagner with a response to the 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. Ms. Wagner may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). 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 SPR23/2735 Page 2 November 28, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Carolyn Wagner