S131PublicInfoMediaAccess.pdf

Chapter I

Administration & Management

Policy #:

S131

References:

MGL c. 4 § 7, cl. 26; c. 66 § 10

103 CMR 910.06

ACI: 3-4020; 4021; 4021-1; 4022

3-ALDF-1A-19; 19-1

General Information

Public Information and Media Access

Date of Issue:

January 1, 2000

Approved:

Andrea J. Cabral, Sheriff Effective:

January 2013

Purpose

To insure a lawful, full and prompt response to requests for information received from governmental officials, the general public and the media, and to foster community involvement and support through the communication of information of community interest and value.

Policy Statements

I. The Department shall appoint a Chief of External Affairs who will establish a public information program consistent with state and federal public record laws.

II. Requests from federal, state and local legislative and executive bodies for information concerning programs, operations and/or specific inmates shall be responded to promptly and fully by designated staff with due regard to privacy statutes.

III. Media representatives shall be granted access to Department facilities and programs consistent with the privacy interests of the inmates and the maintenance of order and security.

IV. The Department will release public information to the general public, media and other agencies, in accordance with state and federal law.

V. Only those staff directly authorized by the Sheriff, the Chief of Staff or the Chief of External Affairs shall communicate to the media on behalf of the Department and/or publish original printed material that refers to the Department.

Procedures

I. Processing of Requests for Information1

A. Authorized Respondent

1. Informational requests communicated directly to staff by an outside agency, government official, or the general public are to be referred to the Chief of External Affairs.

a) The Chief of External Affairs shall consult with the Superintendent and Chief of

Staff to determine, based on the nature of the inquiry, how best to respond and process the request through administrative channels.

B. Freedom of Information Act (FOIA)/Public Records Law Requests

1. All public records requests filed under FOIA, § 552 and/or MGL c. 66 § 10 and/or MGL c.4 §7 (26) shall be directed to the General Counsel.

1 Personnel whose job routinely entails the processing of information to public officials are to handle these requests in accordance with the delegated authority and assigned responsibilities of his/her position.

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2. The General Counsel will evaluate each request and determine the Department’s response to the public records request. Matters requiring public comment will be directed to the Chief of External Affairs.

3. Release of information to the public will conform to applicable provisions of state and federal laws. Whenever the legality of a release is in question, the matter is to be referred to the General Counsel for review and approval prior to comment.

4. Requests are to be submitted to:

General Counsel Suffolk County Jail 200 Nashua Street Boston, MA 02114 617-704-6665 (phone) 617-704-6688 (fax)

C. Media Inquiries

1. The Chief of External Affairs, or his/her designee, must approve all media requests on behalf of the Department and the Sheriff prior to the dissemination of written or verbally communicated information or the release of visual images of the Department.

2. Media representatives may contact the Chief of External Affairs with a request for information concerning the Department in writing at the address noted above or by calling (617) 704-6750.

D. Confidential Information2

1. Information will be distributed pursuant to state and federal public record laws and in accordance with Department policy. The Department is prohibited from releasing and/or discussing the following information:

a) CORI: as addressed under S153, Criminal Offender Record Information.

b) personnel information: exemption of “personnel file or information” from disclosure under public records statute includes, at a minimum, employment applications, employee work evaluations, disciplinary documentation, and promotion, demotion, or termination information pertaining to a particular employee; such records constitute core categories of personnel information that are useful in making employment decisions regarding an employee. MGL c. 4 § 7, cl. 26; c. 66 § 10.

c) medical information: records or information pertaining to the medical care and treatment of inmates and staff will only be released in accordance with state and federal law.

d) investigative information: records and data compiled by the Department for the purpose of any investigation, including reports of investigators, informants, or any persons identified with an individual involved in an investigation.

e) facility information: records including blue prints, plans, policies, procedures and schematic drawings, which relate to the internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security, safety of employees, inmates, visitors or the building and/or facility.

2 For information regarding requests to speak to or photograph inmates, see S130, Inmate Access to the Media.

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f) internal rules and practices: records related to the internal personnel rules and practices of the Department, the disclosure of which would comprise the security and essential penal function of the facilities.

E. Employee Information

The Department, upon request, may only release, pursuant to public record laws, an employee’s name, job title, salary, start, and end date.

II. Public Information Program

A. Press Releases

1. Periodically, the Department will communicate an item of public interest by issuing a press release. To insure the accuracy of the final release and to facilitate the communication of the information to the various interest groups, press releases are to be approved by and processed through the Chief of External Affairs.

2. When the release generates a follow-up inquiry from the media that is communicated directly to a staff member, the employer is to redirect the inquiry to the Chief of External Affairs for official comment.

B. Brochures and Documents

1. The Department shall produce an internal and external newsletter, media kits and occasional mailings to criminal justice professionals, legislators, citizens and the media.

2. The Department may also publish brochures to inform citizens about personal safety and crime prevention strategies.

IV. Media Access

A. Department Facilities

1. The Department acknowledges that its facilities are of interest to the media, the public, and other agencies, and therefore, will provide public information as well as access to its facilities.

2. Media representatives may also request access to a Department facility to interview an employee or inmate, or when the visit will provide information essential to the reporting of the Department. A media representative must properly identify him/herself, complete a media visit form, as well as agree to abide by the rules and regulations of the Department.

3. The Chief of External Affairs, the Sheriff, Chief of Staff, or Superintendent can deny access if the visit is determined to pose safety and/or security concerns for staff, inmates, or media representatives.

4. The Chief of External Affairs shall record all requests for media access, the place and reason for the visit, and the Department’s response to that request.

V. Emergency

A. Media Coverage

1. During the course of an emergency situation, the Department may exercise its right to limit media coverage to ensure the safety of staff, visitors, the media, and inmates. This may include, but is not limited to, hostage situations, riots, and/or situations that compromise the safety of individuals in custody or on staff.

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2. During the incident, a location will be provided for the media, which will be used as a briefing and/or staging area. This location will be staffed by the Chief of External Affairs and his designees.

3. During the course of the incident, briefings will be provided as information becomes available, provided that the safety and security of any special operations necessary to resolve and/or end the event would not be compromised in any fashion.