Schapiro, Rebecca v. Department of Correction (SPR 20260526)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 18, 2026 SPR26/0526 Kate Silvia Director of Communications Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Rebecca Schapiro, Esq., appealing the response of the Department of Correction (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 17, 2025, Attorney Schapiro requested the following: [1] The total number of disciplinary tickets that refer to or mention synthetic cannabis, synthetic cannabinoids, K2, K2 overdose, or smoking paraphernalia at MCI-Norfolk from January 1, 2024- present and the findings of those disciplinary tickets[;] [2] The total number of times 911 or another emergency line was called to send an ambulance to MCI-Norfolk to bring someone to a hospital emergency room or acute care center and the reason for the call from January 2024-present[;] [3] All written policies, standard operating procedures, training documents, or other written documents concerning DOC staff response to suspected overdoses[;] [4] The total number of instances in which Narcan or other similar life-saving medication was administered in response to a suspected overdose[;] [5] The DOC search policy for staff entrance into MCI-Norfolk[;] [6] The number of searches that resulted in finding contraband on correctional or contract staff[;] [7] Total number of investigations and outcomes into correctional or contract staff introduction of contraband[;] [8] The total number of times visitors were found to have contraband at MCI- Norfolk from January 1, 2024-present[.] The Department responded on November 17, 2025. Unsatisfied with the response, Attorney Schapiro petitioned this office and this appeal, SPR26/0526, 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 SPR26/0526 Page 2 February 18, 2026 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, § l0A(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 her appeal, Attorney Schapiro stated, “… failure to respond to the November 17th, 2025, records request submission, and a request for timely and appropriate relief by producing the requested documents or providing a detailed written explanation with specific statutory exemptions for any withholding.” The Department’s November 17th Response In its November 17, 2025 response, the Department stated, “[y]our request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the 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

Kate Silvia SPR26/0526 Page 3 February 18, 2026 records and for a municipality the timeframe shall not exceed 25 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 Attorney Shapiro submitted her request on November 17, 2025, and the Department has not provided the responsive records, nor cited an exemption for withholding records, I find that the Department has not met its burden in responding to the request in accordance with G. L c. 66, § 10(b)(vi). Consequently, the Department must provide an estimated date as to when it intends to complete the search and provide any 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 Attorney Schapiro with a response to her 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. Attorney Schapiro 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: Rebecca Schapiro, Esq.