Herman, Colman v. Executive Office of Elder Affairs (SPR 20140003)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 16, 2014 SPR14/003 Ms. Martina Jackson Director of Communications, Outreach and Press Executive Office of Elder Affairs One Ashburton Place, 5th Floor Boston, MA 021 08 Dear Ms. Jackson: I have received the petition of Colman Herman appealing the response of the Executive Office of Elder Affairs (Elder Affairs) to his requests for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman made three requests dated December 11, 2013, February 25, 2014 and March 24, 2014. Mr. Herman requested Elder Affairs records pertaining to assisted living in Massachusetts. Elder Affairs provided initial responses and as such this appeal was administratively closed in March 2014. On October 3, 2014 Mr. Herman informed my office that he has yet to obtain complete responses to his requests. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(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 town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. Elder Affairs is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. After a telephone conversation on October 6, 2014 between a member of my staff and an individual within the Office of the Governor, it is my understanding that responses to Mr. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Martina Jackson SPR14/003 Page Two October 16, 2014 Herman would be sent within the week. Accordingly, I will consider this appeal closed with the proviso that all remaining records be provided to Mr. Herman within ten (1 0) days of the date of this letter. If Elder Affairs maintains that any portion of the responsive records are exempt from disclosure it must provide a cover letter to Mr. Herman specifically stating how a particular exemption applies to each record. In the event a request for reconsideration of this order is honored by this office an acknowledgment will be provided to all parties, followed by a written determination by this office, to be provided within fifteen (15) business days. Requests for reconsideration filed more than thirty (30) days after the date ofthis letter will not be c s· ered. Supervisor of Records cc: Mr. Colman M. Herman