Re, Re v. Suffolk County Sheriff's Department (SPR 20260490)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 19, 2026 SPR26/0490 Brigid Finnegan Records Access Officer Suffolk County Sheriff’s Department 200 Nashua Street Boston, MA 02114 Dear Ms. Finnegan: I have received the petition of Re Re (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 requested “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[;] 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 SPR26/0490 Page 2 February 19, 2026 [4] Financial Records [a] Any invoices submitted by CPS to the Sheriff’s Department for payment under this contract[;] [b] Any records of payment from the Sheriff’s Department to the contractor. Previous Appeal The requested records were the subject of a previous appeal. See SPR26/0014 Determination of the Supervisor of Records (January 16, 2026). In my January 16th determination, I ordered the Department to provide an estimated date as to when it intends to complete the search and provide the responsive records. The Department responded on January 23, 2026. Unsatisfied with the Department’s response, the requestor petitioned this office and this appeal, SPR26/0490, 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 January 23rd Response On January 23, 2026, the Department provided some records responsive to Items 1, 2, and 4 of the requestor’s request. Current Appeal In the appeal petition, the requestor contends, “I’m … seeking clarification as to whether additional responsive procurement records exist related to the CPS contract (proposal materials, contract term/renewal documents, and monitoring/oversight records).”

Brigid Finnegan SPR26/0490 Page 3 February 19, 2026 Additional Records 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). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, 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). Based on issues raised in the requestor’s appeal, it is unclear whether the Department possesses additional responsive records. Specifically, the Department must clarify whether it possesses “additional responsive procurement records . . . related to the CPS contract[.]” To the extent that additional records exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). The Department must clarify this matter. 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 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: Re Re