Christopher Root v. Department of Correction (SPR 20253035)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 24, 2025 SPR25/3035 Kate Silvia Director of Communications Massachusetts Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Christopher Root appealing the response of the Department of Correction (Department/DOC) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 3, 2025, Mr. Root requested a copy of his “6- Part folder.” The Department responded on September 8, 2025. Unsatisfied with the Department’s response, Mr. Root petitioned this office and this appeal, SPR25/3035, 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 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. 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 SPR25/3035 Page 2 October 24, 2025 The Department’s September 8th Response In its September 8, 2025 response, the Department provided a CORI Form and an Evaluative Form to be filled out by Mr. Root. In addition, the Department assessed a fee of $41.47 to provide the responsive records. In support of its fee, the Department stated as follows: The estimate of costs for copies at $0.20 a page, after the first free 10 pages, and a Search and Segregation Time charge which will be $26.27 per hour in order to get those copies. 10 Pages free 76 Pages @ $0.20 a page = $15.20 Search and Segregation Time 1 hr = $26.27 Total $41.47. Current Appeal In his appeal petition, Mr. Root stated, “…I’m under the understanding that the first 4 hours of Segregation/Research are free… and the copies if they are single or double sided black and white, are to be processed at $0.05 per copy not the $0.20 they are trying to charge me.” In an email to this office on October 17, 2025, the Department stated, “…this is [a] CORI request pursuant to 103 DOC 153… not a public record request as he is seeking a copy of his own 6-part folder.” In a subsequent telephone conversation with this office on October 24, 2025, the Department clarified that the 6-part folder constitutes specific CORI information of the requestor, which he has a right of access to obtain outside of the Public Records Law. Where Mr. Root’s September 3, 2025 request does not constitute a request for public records under the Public Records Law, but rather a request for his own CORI records in accordance with 103 DOC 153, I find that no violation of G. L. c. 66, § 10 has been asserted by Mr. Root in the appeal petition. Pleased by advised that 103 DOC 153.07 provides the following with respect to Department of Correction copying fees: A fee for inspection of CORI shall not be assessed unless the inspection involves search and segregation time. The Department may impose a charge of twenty (20) cents a page for photocopying services and fifty (50) cents per page for computer printouts. In addition, a prorated fee may be assessed based on the hourly rate of the lowest paid employee capable of performing the task for search and segregation time, except that no charge shall be made if the total fee for copying services would not exceed two dollars ($2.00). 103 DOC 153.07.

Kate Silvia SPR25/3035 Page 3 October 24, 2025 Given that 103 DOC 153 governs the Department of Correction’s CORI regulations and policies, and does not fall within the authority of this office, I am unable to address this issue in this determination. Conclusion In compliance with the Public Records Law, the Supervisor of Records may only issue determinations where a violation of G. L. c. 66, § 10 has occurred. G. L. c. 66, § 10A(a). Given that no violation of G. L. c. 66, § 10 has been asserted by Mr. Root in the appeal petition, I am unable to issue a determination at this time. If Mr. Root is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Christopher Root