Phillip Whittemore-Bishop v. Department of Correction (SPR 20251269)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 21, 2025 SPR25/1269 Kate Silvia Director of Communications Department of Correction Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Ms. Silvia: I have received the petition of Phillip Whittemore-Bishop, of The Shoestring, appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § l0A; see also 950 C.M.R. 32.08(1). On February 27, 2025, Mr. Whittemore-Bishop requested the following documents: [1] Any spreadsheet or other similar document tracking purchases from MassCor Industries and/or any contracts that MassCor Industries has signed with other organizations from between Jan. 1, 2015, and present. [2] Any internal documentation that state-run correctional facilities have produced promoting or informing incarcerated individuals of vocational or labor programs connected to MassCor Industries. In a supplemental email dated April 11, 2025, Mr. Whittemore-Bishop inquired if there would be “orientation/operating materials produced by the individual shops in each MCI facility as referenced by the MassCor Standard Operating Procedures which list position, hour and pay information?” Mr. Whittemore-Bishop also inquired, “...if there were more detailed documentation of MassCor transactions/contract with stated or municipal agencies that would fall under this request as well.” The Department responded on April 5, 2025 and April 29, 2025. Unsatisfied with the Department’s responses, Mr. Whittemore-Bishop petitioned this office and this appeal, SPR25/1269, was opened as a result. 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 SPR25/1269 Page 2 May 21, 2025 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 his appeal, Mr. Whittemore-Bishop asserts, “I petition the information I have requested does exist and is available within a database in possession of the DOC and falls under the definition of public records as defined in MA G. L. c. 4 § 7(26). If the custodian is not in custody of the records, they are obligated to provide the agency or municipality that does have possession, per MA G. L. c. 66 § 10(b),” Mr. Whittemore-Bishop further requested in a follow-up query, “...more detailed documentation of transactions between MassCor and state or municipal agencies...” The Department’s April 5th and April 29th responses In its April 5, 2025 response, the Department stated as follows: Item 1 In response to Item 1, the Department stated, “[p]er our discussion, you agreed to narrow the scope of your request to the years 2018 to present. Enclosed please find MassCor Industries sales data listed by fiscal year and Industries Shop Operations. Additionally please find the contract between Executive Office of Health and Human Services Office of Medicaid and MassCor for the provision of vision care materials for MassHealth eligible members.”

Kate Silvia SPR25/1269 Page 3 May 21, 2025 Item 2 In response to Item 2, the Department stated, “[e]nclosed please find the Program Description Booklet and the Standard Operating Procedure to 103 CMR 455 for MassCor Industries. Additionally please find responsive excerpts from the Incarcerated Individuals’ Handbooks, which also serve to inform the population of vocational opportunities.” In its April 29, 2025 response, the Department stated, “[e]nclosed please find the Incarcerated Workforce Position Series Report that includes all position titles with beginning and ending pay ranges. Additionally, I have enclosed an excerpt from the Annual Report which details each shop. There are no additional contracts other than the MassHealth one that was provided.... Further transaction details would need to be broken down in their systems manually which would involve the creation of a record.” Based on Mr. Whittemore-Bishop’s appeal, in conjunction with the Department’s response, it is unclear if the Department possesses any additional records responsive to his 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). However, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). Consequently, the Department must clarify whether additional records exist. Conclusion Accordingly, the Department is ordered to provide Mr. Whittemore-Bishop with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten 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. Whittemore-Bishop 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: Phillip Whittemore-Bishop