Shibley, Craig v. Department of Public Health - Division of Health Care Quality (SPR 20140119)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 28,2014 SPR14/119 Mr. Craig Shibley 2 Lost Oak Road West Boylston, MA 01583 Dear Mr. Shibley: I have received your petition appealing the March 19, 2014 response of the Department of Public Health-Division of Health Care Quality (Department) to your March 14, 2014 email request to the Department for records. G. L. c. 66, § 1O (b) (Supervisor of Public Records has authority to resolve public records appeals); see also 950 C.M.R. 32.08(2) (appeal process). Specifically, you requested records concerning the: 1. Barre Rescue Squad 2013-2014 application and license (#147), and 2. Code Three Educators 2013-2014 application and license (#1556). In a March 19, 2014letter, the Department's Deputy General Counsel, James M. Strong explained that the Department provided you with all records responsive to your requests, and that no further records exist. You objected to Attorney Strong's explanation, and on May 5, 2014 you sent this office an email asking this office to reject the Department's explanation that there are no further records. On May 15, 2014, an attorney on my staff contacted Sondra Korman, Deputy Legal Counsel for the Department, and provided her with your May 5th email which lists the issues you have with the Department's prior responses. During that conversation, Attorney Korman informed the attorney on my staff that both the Department and the Office of Emergency Medical Services (OEMS) provided you with all the records, but that she would review the issues and draft another response. In a letter dated May 21, 2014, Attorney Korman informed you that in response to your original February 7, 2014 records request, the Department and the OEMS conducted a diligent search of its records and provided you with all records responsive to that request. She states that One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Craig Shibley SPR14/119 Page Two May 28,2014 you were provided with records free of any fees. Specifically, those records are: 1. Ambulance Service License Application-(Service Name: Barre EMS; Licensee Information; Town of Barre Ambulance Service) filed by Charles Fullam, 10/15/13, 2. Letter from OEMS to Charles Fullam, 12/12/13 enclosing Ambulance Service License (Licensee: "Town of Barre" for Ambulance Service"Barre EMS") and Ambulance Certificate of Inspection for two vehicles, 3. Application for Accreditation Renewal of Emergency Medical Training Solutions (EMTS), Barre, MA, 5/24/13, and 4. Training Institution Accreditation Certificate issued to Emergency Medical Training Solutions, 6/16/13. On February 26, 2014, Lisa Varnerin, notified you that the OEMS staff had no further records, and on March 19,2014 and May 7, 2014, both Attorney Strong and the OEMS Director informed you that "Barre Emergency and Rescue Squad and Code Three Educators are licensed by the OEMS. Both the Department and OEMS have answered and explained the same information to you concerning your statements concerning, "clerical errors" and the "issue of training institutions vs. a continuing education provider." Attorney Korman has informed you that after receiving your May 5, 2014 email to the Public Records Division, the Department and OEMS staff conducted another diligent search (the third search since February ih) and once again found that you were provided with all responsive records. Neither the Department no the OEMS has any further records responsive to your requests. It is my understanding that the Department's Office of the General Counsel explained to you on March 7 and March 19, 2014 about certain discrepancies that appeared on the OEMS licensing verification database. This office finds that no further explanation is warranted by either the Department or OEMS. A record holder's duty to comply with requests for information extends only to those records which exist and are in his custody. See G. L. c. 4, § 7 (26). There is no obligation to create a record in response to a public records request. G. L. c. 66, § 10(a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). There is a presumption that public officials perform their duties in an honest and impartial manner. LaPointe v. License Bd. of Worcester, 389 Mass. 545, 459 (1983); see also Konover Mgt. Corp. v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319,326 (1992).

Mr. Craig Shibley SPR14/119 Page Three May28, 2014 I find that the Department and OEMS provided you with all the records in their custody and responsive to your requests. I accept that Ms. Varnerin, Attorney Strong and Attorney Korman understood your requests and responded to them with the best of their knowledge. Accordingly, your administrative appeal is closed. Supervisor of Records cc: Ms. Sondra M. Korman, Esq. Ms. Lisa Varnerin, DHCQ