Stewart, Donald v. Department of Correction (SPR 20261355)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 24, 2026 SPR26/1355 Kate Silvia Director of Communications Massachusetts Department of Correction 50 Maple Street Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Donald Stewart 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 23, 2026, Mr. Stewart requested the following: [1] Any, and all Incident Reports, Disciplinary Reports, Classification Reports, and Medical Records related to the attack on my person at Old Colony Correctional Center, (OCCC), on December 29, 2023, by Inmate [identified individual], who stabbed me in the right eye, resulting in my person being placed into an outside hospital, where I was diagnosed with total loss of vision in my right eye. This request includes all report, documents, photographs, and transportation records that reflect I had to be sent/transported to the outside hospital by the DOC or outside ambulance service; also the housing unit log from OCCC, A-4, RTU, which is the unit in which the stabbing occurred; and any documents that reflect whether or not, [an identified individual], was prosecuted in the outside Massachusetts Judiciary/Criminal Court for stabbing me[;] [2] Specifically request any disciplinary or classification reports/records that name [an identified individual], in connection with the stabbing. I understand, that you will delete his name. The Department responded on March 17, 2026. Unsatisfied with the response, Mr. Stewart petitioned this office and this appeal, SPR26/1355, 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 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 SPR26/1355 Page 2 April 24, 2026 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 March 17th Response In its March 17, 2026 response, the Department stated, “[e]nclosed please find the records responsive to your request. Please be advised that these records have been redacted as they contain criminal offender records information (CORI), as defined by G. L. c. 6, § 167, not public records information.” Current Appeal In his appeal petition, Mr. Stewart argues the following: [1] …failed to provide records, etc., related to report, documents, photographs, and transportation records to the outside hospital, ambulance service, from which prison housing unit, the housing unit log book, and whether or not there was any Massachusetts judicial records… These records are not covered by CORI, as they relate to the operation of a Massachusetts prison[;] [2] …failed to provide records or general summary information from a record, which detailed whether or not [an identified individual] found guilty by a prison disciplinary board, is still in the Massachusetts DOC; was paroled; or released from the DOC under a good conduct discharge[.] Upon review of the appeal petition, I understand Mr. Stewart claims only that the Department possesses additional records responsive to his request, and does not object to the redactions contained in the records he has received.

Kate Silvia SPR26/1355 Page 3 April 24, 2026 Additional Records 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, 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 the information provided in Mr. Stewart’s appeal petition, it is unclear whether the Department possesses additional records responsive to the request. If the Department does possess additional responsive records, 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”). The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Stewart 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. Mr. Stewart may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Donald Stewart