William M. Tyree v. Souza-Baranowski Correctional Center (SPR 20240116)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 29, 2024 SPR24/0116 Vicki Pineda Legal Support Coordinator Souza-Baranowski Correctional Center P. O. Box 8000 Shirley, MA 01464 Dear Ms. Pineda: I have received the petition of William M. Tyree appealing the response of the Souza- Baranowski Correctional Center (SBCC) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 18, 2023, Mr. Tyree requested: SBCC [r]ecords that reflect the dates between October 26, 2023 (prior history) and November 18, 2023, that my housing unit, identified as K-1, was modified, and placed into a so-called modified lockdown, with K-1 housing unit, locked down – the dates of the modified lockdown/each one; on which shift the modified lock down occurred on, 7x3 shift, or the 3x11 shift; and what out of cell exercise and shower time was given to me in K-1 housing unit during the modified lock downs, was it 60 minutes, 75 minutes, 120 minutes, etc., per shift. SBCC [r]ecords of the time allowed out of cell is being sought for review, and/or photocopy. On December 4, 2023, SBCC provided Mr. Tyree with a response to his request, stating, “[p]lease be advised that we were unable to locate any records responsive to your request. If you can provide a specific date in relation to the modified lockdown of the K1 housing unit, we can look into our records further to identify any potential documentation we have to answer this request.” On December 10, 2023, Mr. Tyree provided SBCC with the following dates of the modified lockdowns on “the 7x3 shift: 09/26/23, 09/28/23, 10/28/23, 10/29/23, 10/30/23, 11/04/23, 11/05/23, 11/06/23, 11/07/23, 11/12/23, 11/13/23, 11/18/23, 11/19/23, 11/20/23, 11/21/23, 11/24/23, 11/26/23, 12/01/23, 12/03/23, 12/04/23, 12/07/23, 12/08/23, 12/09/23, and 12/10/23; and, a modified lockdown on the 3x11 shift (only afternoon shift with modified lockdowns): 10/31/23.” 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

Vicki Pineda SPR24/0116 Page 2 January 29, 2024 In addition, in his December 10th letter, Mr. Tyree requested: “any [r]egulation, policy, or SBCC SOP that sets forth what is supposed to occur during a modified lockdown. Surely SBCC has one, after 25 modified lockdowns, in a 90 day period.” On December 22, 2023, SBCC provided a response to Mr. Tyree’s December 10th request, stating, “[p]lease be advised that we do not have any records responsive to your request of the K1 housing unit being on modified lockdown on the specific dates provided. In addition, please be aware that we do not have any responsive records to your request for any Regulation, Policy, or [SBCC] Standard Operating Procedure for modified lockdowns.” After receiving the December 22nd response from SBCC, Mr. Tyree petitioned the Supervisor of Records, 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); 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. 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. Current Appeal In a January 26, 2024 telephone conversation between a staff attorney in the Public Records Division and a representative of SBCC, it is my understanding that SBCC intends to provide a supplemental response to Mr. Tyree regarding his requests. Conclusion Accordingly, SBCC is ordered to provide Mr. Tyree with said response to the requests, provided in a manner consistent with this order, the Public Records Law and its Regulations

Vicki Pineda SPR24/0116 Page 3 January 29, 2024 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. Sincerely, Manza Arthur Supervisor of Records cc: William M. Tyree