Murray, Heather v. Department of Correction (SPR 20261031)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 2, 2026 SPR26/1031 Kate Silvia Director of Communications Massachusetts Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Ms. Silva: I have received the petition of Heather E. Murray, Esq., of Cornell Law School First Amendment Clinic, 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 January 20, 2026, Attorney Murray requested the following from January 1, 2023 to the present: [1] All requests from a news media representative containing the following information pursuant to 103 CMR, Section 131.09: [a] All requests for personal interview with an inmate and all correspondence regarding each application between (i) the appropriate Director of Public Affairs or designee and either the appropriate Director of Communications and Outreach or designee or the appropriate Warden or designee; and (ii) the news media representative and the appropriate Director of Public Affairs or designee[;] [b] All requests for a telephone or video interview with an inmate and all correspondence regarding each application between (i) the appropriate Director of Public Affairs or designee and either the appropriate Director of Communications and Outreach or designee or the appropriate Warden or designee; and (ii) the news media representative and the appropriate Director of Public Affairs or designee[;] [c] To the extent not included in (a) or (b), all records regarding the approval or denial of media access to an inmate by the appropriate Director of Public Affairs or designee[;] [2] All communications, including but not limited to disciplinary records, regarding an inmate’s engagement with a news media representative or an inmate’s publication of an article in a prison newspaper or another news outlet. 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 SPR26/1031 Page 2 April 2, 2026 The Department provided a response on February 4, 2026. Unsatisfied with the Department’s response, Attorney Murray petitioned this office and this appeal, SPR26/1031, 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. See 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. See 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 February 4th Response In its February 4, 2026 response, the Department stated, “[p]lease be advised that data is not tracked in the manner requested. All news media interviews are conducted in accordance with 103 CMR 131…Live video and telephone interviews are not permitted pursuant to 103 CMR 131.10 (05).” Current Appeal In her March 23, 2026 appeal, Attorney Murray stated the following: … While the Director of Communications’ response indicates that live video and telephone interviews are not permitted, this response fails to acknowledge that the requested records pertain to communications regarding interview requests. Any such records are indisputably public records that cannot be withheld. …The mere claim that the records are not specifically tracked does not relieve the agency of conducting an adequate search under the Public Records Law. Please advise whether it would aid the Department to provide search terms. If so, the Clinic is happy to do so.

Kate Silvia SPR26/1031 Page 3 April 2, 2026 Records in Existence; Possession, Custody, or Control The Department is advised that 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). Further, 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 G. L. c. 66, § 10(a); see also 32 Op. Att’y Gen. 157, 165 (May 18, 1977). However, 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. 32.05(5). Based on the Department’s response and Attorney Murray’s appeal, it is unclear whether the Department possesses records responsive to the request. If the Department does possess records responsive to the request, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Attorney Murray 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. Attorney Murray 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: Heather E. Murray, Esq.