Re, Re v. Suffolk County Sheriff's Department (SPR 20260014)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 16, 2026 SPR26/0014 Brigid Finnegan Executive Assistant to the General Counsel Suffolk County Sheriff’s Department 200 Nashua Street Boston, MA 02114 Dear Ms. Finnegan: I have received the petition of ReRe (requestor) appealing the response of the Suffolk County Sheriff’s Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 19, 2025, the requestor sought “the following records related to the provision of medical, mental health, or healthcare services at the Suffolk County Jail and House of Correction:” [1] Contract Documents [a] The current contract(s) between the Suffolk County Sheriff’s Department and Correctional Psychiatric Services (CPS)[;] [b] All amendments, addendums, extensions, renewals, scopes of work, appendices, or modifications[;] [c] Any procurement documents, RFPs, or proposals associated with the contract award[;] [2] Staffing and Operational Requirements [a] Any staffing matrices, minimum staffing requirements, position descriptions, or schedules required under the contract[;] [b] Any policy, protocol, or operational requirements imposed by the Sheriff’s Department on the contractor[;] [3] Compliance, Oversight, and Monitoring [a] Any monitoring reports, audits, evaluations, or compliance reviews conducted by or for the Sheriff’s Department related to the contractor’s performance[;] [b] Any corrective action plans or notices of deficiency issued to the contractor[;] [4] Financial Records [a] Any invoices submitted by CPS to the Sheriff’s Department for 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

Brigid Finnegan SPR26/0014 Page 2 January 16, 2026 payment under this contract[;] [b] Any records of payment from the Sheriff’s Department to the contractor. The Department responded on December 9, 2025. Unsatisfied with the Department’s response, the requestor petitioned this office, and this appeal, SPR26/0014, 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. The Department’s December 18th Response In its December 9, 2025 response, the Department states, “[w]e will respond to your public records request accordingly. The Department reserves all rights to assert privileges or exemptions, as applicable.” Upon review of the case file, it is my understanding that in an email to the Department on December 29, 2025, the requestor noted that they “haven’t yet received the responsive documents or an estimated timeline,” and asked if the Department “could provide an update on when [the requestor] might expect the CPS contract and related materials.” Current Appeal In their January 5, 2026 appeal petition, the requestor indicates that they have “not yet received a response” from the Department beyond its December 9, 2025 correspondence, as noted above.

Brigid Finnegan SPR26/0014 Page 3 January 16, 2026 Timeframe for Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of a request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall: identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records . . . and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where the requestor submitted their request on November 19, 2025, and the Department has not provided responsive records, nor cited an exemption for withholding records, I find the Department has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Department must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Department must provide responsive records on a rolling basis. Conclusion Accordingly, the Department is ordered to provide the requestor with a response to the request, provided 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. The requestor may further 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: ReRe