Email from November 1, 2020 to December 31, 2020 regarding any proposed or planned new women’s prison. (Division Of Capital Asset Management And Maintenance)

Deeper than Water, we do not appear to have a Public Records Request submitted on January 22, 2021 by you or MuckRock.

To clarify though we do have other requests that seem to be similar that we are currently working on.

This email address you originally sent this request to is indeed incorrect. For future reference use the following link to file a Public Records Request.

If desired, please submit a new request clarifying in detail the record(s) you seek using our form located here: https://www.mass.gov/forms/dcamm-public-records-request-form
or you may contact us at publicrecords.dcamm@mass.gov<mailto:publicrecords.dcamm@mass.gov>

PLEASE DO NOT RESPOND TO THIS E-MAIL. THIS E-MAIL ADDRESS IS USED
ONLY BY THE DCAMM WEB FORMS APPLICATION AND IS NOT MONITORED.

We received your request for public records. If any or all of the
requested documents are exempt pursuant to the public records law, you
will be notified by this office. We are currently researching your
request. We will contact you if your request will take longer than
ten (10) days to be fulfilled.

PLEASE NOTE: while we endeavor to provide prompt service, due to the
COVID-19 emergency and its attendant uncertainties, including office
closures and employee absences, response times may exceed ten days. We
appreciate your understanding and patience as we process your
requests.

The Massachusetts General Laws for Public Records provides that
certain fees may be assessed when public record requests are made to a
custodian of documents. In order to make records more accessible to
the public, we may waive search, retrieval and copying charges. In
addition, we will strive to fulfill requests electronically, if we are
able. Otherwise, once copied the responsive documents will be mailed
to you or made available for pick-up at our offices.

Please feel free to contact us at 617-727-4053 with any questions or
concerns you may have.

PUBLIC RECORDS
Division of Capital Asset Management & Maintenance
Office of the General Counsel
1 Ashburton Place, 15th floor
Boston, MA 02108
phone: 617.727.4053
www.mass.gov/dcamm
Follow Us on Twitter @DCAMM_MA

Public Records Request Number: 21-61
Public Records Request Extension Date: April 13, 2021
Dear Deeper than Water:
Due to the large volume of emails and related attachments which must be reviewed in response to your requests we require an extension of time for response to your Public Record Request No. 21-61. While we will make every effort to deliver responsive records in our possession on or before the Public Records Request Extension Date, circumstances may necessitate a further extension. Please indicate your assent to this extension by reply email.
Please note that by agreeing to this extension you are not waiving any of your statutory rights under the Massachusetts General Laws Chapter 66, as amended by Chapter 121 of the Acts of 2016 (the “Public Records Law”). Please also note that some or all of the documents you requested may not be in the possession, care and/or control of DCAMM and/or may be subject to an exemption from disclosure under the Public Records Law.
We appreciate your continued understanding. If you have any questions or concerns, please don’t hesitate to contact us at (617) 727-4050 or publicrecords.dcamm@mass.gov<mailto:publicrecords.dcamm@mass.gov>.
Sincerely,

PUBLIC RECORDS UNIT

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Division of Capital Asset Management & Maintenance
Office of the General Counsel
One Ashburton Place, 15th Floor, Boston, MA 02108
www.mass.gov/dcamm<http://www.mass.gov/dcamm>

PHONE 617-727-4050 Ext. 31205

Public Records Request Number: 21-61
Public Records Request Extension Date: May 10, 2021
Dear Deeper than Water:
Due to the large volume of emails and related attachments which must be reviewed in response to your requests we require an extension of time for response to your Public Record Request No. 21-61. While we will make every effort to deliver responsive records in our possession on or before the Public Records Request Extension Date, circumstances may necessitate a further extension. Please indicate your assent to this extension by reply email.
Please note that by agreeing to this extension you are not waiving any of your statutory rights under the Massachusetts General Laws Chapter 66, as amended by Chapter 121 of the Acts of 2016 (the “Public Records Law”). Please also note that some or all of the documents you requested may not be in the possession, care and/or control of DCAMM and/or may be subject to an exemption from disclosure under the Public Records Law.
We appreciate your continued understanding. If you have any questions or concerns, please don’t hesitate to contact us at (617) 727-4050 or publicrecords.dcamm@mass.gov<mailto:publicrecords.dcamm@mass.gov>.
Sincerely,

PUBLIC RECORDS UNIT

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Division of Capital Asset Management & Maintenance
Office of the General Counsel
One Ashburton Place, 15th Floor, Boston, MA 02108
www.mass.gov/dcamm<http://www.mass.gov/dcamm>

PHONE 617-727-4050 Ext. 31205

Response to: Public Records No. 21-61

Dear Deeper than Water:

The Division of Capital Asset Management and Maintenance (“DCAMM”) received your public records request dated March 2, 2021.

You requested:

“email communication between and among the DOC, DCAMM, EOPSS, and the Governor’s Office from November 1, 2020 to December 31, 2020 regarding any proposed or planned new women’s prison”

A diligent search has disclosed no responsive records unprotected by the attorney-client privilege. We have withheld interoffice correspondence which we have determined is protected by the attorney-client privilege, the applicability of which was upheld in Suffolk Construction Co., Inc., v. Division of Capital Asset Management, 449 Mass. 444 (2007). The subject internal correspondence is between DCAMM business units and DCAMM’s Office of General Counsel made for the purpose of obtaining legal advice or assistance, has not been disclosed to third parties, and the privilege of which has not been waived.

If you wish to challenge any aspect of DCAMM’s response, in accordance with G.L. c. 66, § 10 and 950 CMR 32.00, you may appeal to the following office: Supervisor of Public Records, Office of the Secretary of the Commonwealth, Public Records Division, One Ashburton Place, 17th Floor, Boston, MA 02108, and in accordance with G.L. c. 66, § 10A(c), you have the right to seek judicial review of an unfavorable decision by commencing a civil action in the Superior Court.

Sincerely,

PUBLIC RECORDS UNIT

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Division of Capital Asset Management & Maintenance
Office of the General Counsel
One Ashburton Place, 15th Floor, Boston, MA 02108
www.mass.gov/dcamm<http://www.mass.gov/dcamm>

PHONE 617-727-4050
Publicrecords.dcamm@mass.gov<mailto:Publicrecords.dcamm@mass.gov>

Dear Records Custodian,

Please be aware, this office has received an appeal relating to your entity's response to a request for public records. Attached are further details concerning this appeal. If you have any questions or wish to provide further information relating to this matter, please contact the Public Records Division at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> or 617-727-2832. Given that the Supervisor of Records must issue a determination within 10 business days of receipt of the appeal petition, please provide any additional information to this office as soon as possible.

All the Best,

Gregory B. Stewart
Public Records Division
Office of the Secretary of the Commonwealth
One Ashburton Place, Room 1705
Boston, MA 02108
617-727-2832

Hello,
I am writing to provide you with the steps to further appeal any response you may receive to the attached determination letter issued for your appeal. Should you receive a response and wish to further appeal it all you need do is email the Division directly at pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> and note your previous appeal number (cited above), what you take issue with within the scope of the Public Records Law concerning the new response, and that you'd like a new appeal to assess your issues.
Please be aware that if you have yet to receive a response to the determination letter you do not need to further appeal a lack of response to the appeal; as part of the compliance process this office has reached out to the custodian to inquire as to a response. Please feel free to contact us with any questions or other need for assistance.
In the event you have already received a response and appealed it or require no further assistance, please feel free to disregard this communication.

Most sincerely,
Joshua Stair
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx

Good Morning,

Please be aware, the Supervisor of Records has issued a determination relating to an appeal in which you were involved. This determination is attached, and available online at: http://www.sec.state.ma.us/AppealsWeb/AppealsStatus.aspx.

If you have any questions, please contact the Public Records Division at 617-727-2832 or pre@sec.state.ma.us<mailto:pre@sec.state.ma.us>.

Thank you,

Jack Robertson
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
617-727-2832

Hello,

I am writing to provide you with the steps to further appeal any response subsequent to the determination letter issued for this matter. Once you receive a response you may further appeal it by sending an email to pre@sec.state.ma.us<mailto:pre@sec.state.ma.us> with your appeal number, a copy of the response and what you take issue within the scope of the Public Records Law.

Please note that the custodian has until Wednesday, June 16th to provide you with a response, after which time, if you still have not received one, you may contact this office for further assistance in resolving this issue. Please be aware that this office has already preemptively reached out to the custodian regarding the status of the response and the availability of any responsive records for rolling production (to the extent this is applicable to your appeal) to help avoid a non-response to the determination letter.

Should you require no further assistance you may disregard this communication.

Most sincerely,
Joshua Stair
Office of the Secretary of the Commonwealth
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
(617) 727-2832 (office)
(617) 727-5914 (fax)
http://www.sec.state.ma.us/pre/preidx.htm
A Guide to Public Records Law: https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Review appeal determinations online: http://www.sec.state.ma.us/appealsweb/appealsstatus.aspx

Good morning,

We received a copy of your recent appeal regarding our response to your DCAMM record request No. 21-61 seeking the following:

... all email communication between and among the DOC, DCAMM, EOPSS, and the Governor's Office from November 1, 2020 to December 31, 2020 regarding any proposed or planned new women's prison.
Your appeal raised a question about why the results of this request differed from those of other requests you've submitted to DCAMM. We appreciated the question and undertook a comparison of your related requests which yielded more information than No. 21-61. Our conclusion is that the specific terms of the subject request (proposed or planned and new women's prison) was the limiting factor and differed from your other requests. We believe had you submitted a request using the terms used in your requests covering other timeframe(s), the results here may well have been different and more aligned with your expectations. We note we are actively working on other requests you've submitted which include terms more likely to elicit expected responses. These requests cover the same period of time as request No 21-61, and we think they will provide you with the information you seek.

We trust this helps answer the question raised in your appeal.

Respectfully,

PUBLIC RECORDS UNIT

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Division of Capital Asset Management & Maintenance
Office of the General Counsel
One Ashburton Place, 15th Floor, Boston, MA 02108
www.mass.gov/dcamm<http://www.mass.gov/dcamm>

PHONE 617-727-4050 Ext. 31205

Good afternoon,

We want to apologize for the delay in responding to your follow-up question as it was inadvertently misfiled. For clarification, yes, the subject emails remain protected by the privilege and in the coming days we will be providing additional emails in response to the other requests. We believe those emails will better align with your expectations. Finally, while it is not our ordinary practice, we attach the privilege log for your review.

Respectfully yours,

PUBLIC RECORDS UNIT

[cid:image001.jpg@01D77405.5AD29E50]

Division of Capital Asset Management & Maintenance
Office of the General Counsel
One Ashburton Place, 15th Floor, Boston, MA 02108
617-727-4050
www.mass.gov/dcamm<http://www.mass.gov/dcamm>
publicrecords.dcamm@mass.gov<mailto:publicrecords.dcamm@mass.gov>