COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF CORRECTION
INMATE GRIEVANCE FORM
FORWARD TO INSTITUTIONAL GRIEVANCE COORDINATOR (IGG)

Name: Riva James
Grivance#: 42336
Institution: OLD COLONY CORRECTIONAL CENTER
Commit no.: W38533
Housing: ATTUCKS II
Date of incident: 20090818
Date of Grievance 20090818

Complaint: we have requested that a fan be installed in the dust work of the Masjid many times. There is no ventilation in the Masjid! The [?] for sept of public health require that all occupiable spaces in prison have ventilation. When Masjid is at full capacity it's unbearably hot and stifling.

Remedy: Install proper ventilation. Either put a fan inside the duct work or create an opening in the fixed windows of the skylight.

Staff recipient: Fogaren Mark S CO II

Staff involved:

Signature:

RECEIPT BY INSTITUTIONAL GRIEVANCE COORDINATOR

Date received: 20090819
Decision date: 20090924
Signature: Fogaren Mark S CO II
Final decision: DENIED

Decision: Your grievance has been denied. The rooms have ventilation ducts which circulate the air, and fans have been provided during extremely hot weather. OCCC is in compliance with all health and sanitation codes. I trust this addresses your concerns.

Signature [MARK FOGAREN]

Date 9/24/09

Denied grievances may be appealed to the Superintendent within 10 working days of Institution Grievance Coordinator's decision.

INMATE RECEIPT

Name: Riva James
Institution: OLD COLONY CORRECTIONAL CENTRE
Commit no: W38533
Grievance#: 42336
Date received: 20090819
Signature: Fogaren Mark S CO II

COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF CORRECTION
INMATE GRIEVANCE APPEAL FORM
FORWARD TO SUPERINTENDENT

Name: Riva James
Institution: OLD COLONY CORRECTIONAL CENTRE
Number: W38533
Housing: ATTUCKS UU
Appeal Date: 26-SEP-09
Date of grievance: 18-AUG-09
Appeal received date: 05-OCT-09

Appeal: My grievance number 42336 was denied on 9-24-09. The grievance complained of inadequate ventilation in the Masjid (and that whole row of classrooms and the library). Stated reason for denial was that "OCCC is in compliance with all health and sanitation does". 105 CMR.140 requires ALL occupiable space in the prison to be ventilated. This same issue was brought to your attention last year. You're trying to save money by depriving prisoners of fresh air.

Remedy requested: Install ducktwork that actually is attached to the exchangers on the roof, OR salvage exhaust fans from defunct SECC prison and put them in the sky lights.

Staff recipient: Fogaren Mark S CO II

Signature

DECISION BY SUPERINTENDENT

Appeal received date: 05-OCT-09
Decision date: 13-OCT-09
Decision: DENIED
Decision by: OBrien J SUPERINTENDENT

Reasons: Based on research conducted by the IGC, I can not support your appeal.

Signature [ST J OBRIEN]
Date: 12/13/19

INMATE RECEIPT

Inmate's Name: Riva James
Institution: OLD COLONY CORRECTIONAL CENTRE
Number: W38533
Appeal received date: 05-OCT-09
Staff recipient: Fogaren Mark S CO II
Superintendent's Signature: [ST J OBRIEN]

The Commonwealth of Massachusetts
Executive Office of Public Safety and Security
Department of Correction
Old Colony Correctional Centre
One Administration Road
Bridgewater, MA 02324
Telephone (508) 278-6000
Fax (508) 279-6754
www.mass.gov/doc

June 26, 2008

James Riva, W38533
Attucks II
Old Colony Correctional Centre
One Administration Road
Bridgewater, MA 02324

Dear Inmate Riva,

Your correspondence to Superintendent O'Brien dated June 16, 2008 regarding the air quality in the Masjid has been referred to my office for response.

Based on your correspondence, the Environmental Health and Safety Officer as well as the Maintenance Department have again looked at this area as they have in the past. The air quality and temperature are well within the appropriate levels.

Your correspondence goes on to state that on "Friday, the Jumah service is an event that could make a lot of people faint because of the lack of fresh air and built up of CO2". That did not happen. The event was well attended and there were no such issues.

There are no plans to install ductwork or an intake fan in the Program Corridor at this time.

I trust I have addressed your concerns.

Sincerely,

[signature]

James A. Ferreira, Deputy Superintendent of Operations

JAF/tlb
cc: Steven J'Obrien, Superintendent
Nelson W. Julus, Director of Security
Gerard Trahan E.H.S.O.
Dom DaSilva, Industrial Instructor III
File

Harold Clarke
Commissioner of Corrections
50 Maple St.
Suite 3
Milford, MA 01757-3698

Aug 17, 2009

Re: Lack of ventilation in the Masjid at Old Colony CC

Dear Commissioner Clarke,

We Muslims at Old Colony have long suffered from zero ventilation in the Masjid. There is no forced air into the Masjid and no openable windows. There is no forced air into the Masjid and no openable windows. In the summer it is absolutely unbearable. Actually, all the classrooms on that particular row of rooms at OCCC have similar problems.

This has been grieved both formally and informally. Last year I wrote to Superintendent O'Brien requesting that he have installed an intra-ductal fan to blow some air from the roof into the Masjid. He had deputy James Ferreira write back to me saying he has no intention of installing a fan in the duct work - in person he said, "Well, no one has passed out from lack of air."

Dep. of Public Health 105 CMR 451.000 Minimum Health and Sanitation Standards and Inspection Procedure for Correction Facilities; 105 CMR 451.010 Application to Correction facilities applies to every correction facility in this state.

105 CMR 451.140 Adequate Ventilation: Each inmate shall have adequate ventilation at all times. Each facility shall have ventilation of each cell and each habitable or occupiable space, bathroom and toilet compartment in compliance with 780 CMR State Building Code. Natural ventilation thru a window in each cell is reccomended.

Perhaps the next time you are here you could check this out. The Captain's office is on the same row and has adequate ventilation - actually air conditioning. We're not asking for air-conditioning. We're asking for minimally adequate forced air ventilation.

Most of the time security staff insist on keeping the Masjid door closed also - in spit of the oppressive heat. The capacity of the Masjid is 40. It is often at capacity and it is rough with no air.

The classrooms on that row and the library all suffer but to a lesser degree than the Masjid. Please do something about it.

Yours Truly,

[signature]

James Riva II W38533
OCCC
1 Administration Rd.
Bridgewater, MA 02324

The Commonwealth of Massachusetts
Executive Office of Public Safety and Security
Department of Correction
Old Colony Correctional Centre
One Administration Road
Bridgewater, MA 02324
Telephone (508) 278-6000
Fax (508) 279-6754
www.mass.gov/doc

August 21, 2009

James Riva, W38533
Attucks II
Old Colony Correctional Centre
One Administration Road
Bridgewater, MA 02324

Dear Mr. Riva:

The Commissioner is in receipt of your correspondence pertaining to the alleged lack of ventilation in the Masjid and has referred it to me for response. I am aware that you submitted a grievance (#42336) regarding this issue and it is currently pending with the Institution Grievance Coordinator (IGC) at Old Correctional Centre.

The Superintendent is the appellate authority in grievance matters, and as such his/her decision is final. If the Superintendent denies your appeal, the Department Grievance Manager may elect to review the appeal decision, in which case his/her decision would be considered final.

The Commissioner will not intervene in this process as you must exhaust all levels of appeal in accordance with 103 CMR 491, Iname Grievances

I hope that I have addressed your concerns.

Sincerely,

[signature]

Colleen Rosales
Communication Unit Manager

cc Steven O'Brien, Superintendent
Inmate File
File

Dept. of Public Health
Exec. Office of Health and Human Services

Sept. 12, 2009

Dear Sir or Madam,

My name is James Riva and I am a prisonder at Old Colony Correction Centre, One Administration Road, Bridgewater, MA 02324. I am sending this certified because most of my mail gets blocked by prison officials.

We Muslims here congregate in a room called the Masjid. It is a small room with a sign stating capacity at 40 maximim. It has no openable windows, just an unusual skylight at the top of a shaft. There are two ceiling vents. Right now one of those vents is flowing some air - very little. For most of the year, we get no ventilation at all in the Masjid. Then for the month and a half before their big federal audit, they divert a little of the air-conditioning from the Captain's office. After the federal auditors go home, the air is shut off again.

You would have to come see the portion of the building I am talking about. All the classrooms in that row the Masjid is on and the library have non existent ventilation. That part of the building was never finished so the vents don't really connect to anything. There is no air exchanger on the roof.

Last year I wrote Superintendent Steven O'Brien and he had deputy James Ferreira write to me flatly refusing to fix the problem. This year I wrote the Superintendent again and filed a grievance. I thought something was gonna get done because the grievance coordinator said they were looking into fixing the vents. Then yesterday I got another letter from deputy Ferreira telling me it's already fixed - there's no problem - I've enclosed a copy of deputy Ferreira's letters, my letter to the commissioner, the commissioner's reply and my formal grievance.

105 CMR 451.140 requires that all occupiable space in the prison be ventilated. This prison is about 20 years old and they still haven't fixed it, so I guess it won't get fixed unless you folks come here and ask to inspect the ductwork in the ceiling to determine that it doesn't go anywhere.

I even proposed a low cost solution. The old Southeastern Correctional Center is vacant and unused because it's structually unfit. Why not take some exhaust fans with closable flaps from there and install them in the skylights in that row of rooms? That would draw air from under the doors and thru the ceiling. In the summer it would be a welcome relief.

Please come here and help us. There's lots of stuff you can save money on in prison, but I don't think ventilation is one of them.

Truly,

[signature]

James Riva II W38533 OCCC One Administration Rd. Bridgewater