King, Zoë v. Department of Correction (SPR 20261133)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 7, 2026 SPR26/1133 Kate Silvia Director of Communications Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Zoe King 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 February 16, 2026, Ms. King requested the following: For the period February 1, 2023, through February 1, 2026: . . . [1] The total number of literature rejections, denial slips, or similar determinations indicating that a book or other literary material was not permitted to be provided to an incarcerated individual. [2] The total number of administrative challenges, grievances, and appeals filed by incarcerated people [inclusive of filings on their behalf] contesting these denials. [3] The total number of those appeals [or grievances] that resulted in an overturning, modification, [or any reversal in whole or in part] of the initial denial. [4] Any policy or directive otherwise that designates which officials are responsible for initial literature denials. [5] Any document that lists the specific staff members and their titles who served in that role in the respective time frame. The Department responded on February 17, 2026. Unsatisfied with the Department’s response, Ms. King petitioned this office, and this appeal, SPR26/1133, 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 SPR26/1133 Page 2 April 7, 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, § 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 February 17th Response In its February 17, 2026 response, the Department states the following: Response 1-3 Please be advised that there are no records responsive to your request as data is not tracked in the manner requested. . . . Response 4 & 5 Please be advised that 103 CMR 481, Inmate Mail, specifically sections .13 through .15, delineates the disapproval process for incoming non-privileged mail. The Deputy Superintendent is the designated staff member who may disapprove materials with the Superintendent designated as the appellate authority. The CMR can be found [at a specified website.] Current Appeal In the appeal petition, Ms. King states the following: I would like to appeal this response. I would like to reformulate my request so as to broaden its scope. The response was not adequate and provided no records whatsoever. I am writing to gain public disclosure of the following, for the period February 1, 2023 through February 1, 2026: 1. The total number of mailroom rejections, denial slips for mailed materials, or similar determinations indicating that material was not permitted

Kate Silvia SPR26/1133 Page 3 April 7, 2026 2. The total number of administrative challenges, grievances, and appeals filed by incarcerated people [inclusive of filings on their behalf] to these denials. 3. The total number of those appeals [or grievances] that resulted in an overturning, modification, [or any reversal in whole or in part] of the initial denial. 4. Any information about where grievance or appeal records are tracked either at the facility or state level. In this case, Ms. King’s original request is for records regarding “literature” and “literary materials,” while her appeal petition seeks records regarding “mailroom rejections.” Consequently, I find that the basis of Ms. King’s appeal is unclear. Ms. King is advised that all petitions for appeal “shall specifically describe the nature of the requestor’s objections to the response or failure to timely respond.” 950 C.M.R. 32.08(1)(f). Ms. King is advised, a requestor may petition the Supervisor of Records only after a written request has been made to the Records Access Officer of the governmental entity that creates or receives the records. 950 C.M.R. 32.08(1)(a). Ms. King may wish to submit a new request to the Department for the additional records she seeks. If Ms. King is unsatisfied with the Department’s response to the new request, she may then appeal that response within ninety (90) days. See 950 C.M.R. 32.08(1). Conclusion Accordingly, I will consider this administrative appeal closed. If Ms. King 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: Zoe King