Savastano, Esq., Anthony v. Department of Environmental Protection - Bureau of Waste Site Cleanup (SPR 20140336)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 11, 2014 SPR14/336 Ms. Denise Child Records Response Coordinator Department of Environmental Protection 627 Main Street Worcester MA, 01608 Dear Ms. Child: I have received the petition of Anthony C. Savastano, Esq. appealing the response of the Massachusetts Department ofEnvironmental Protection (MassDEP) to his May 12, 2014 request for records. See G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2). Attorney Savastano made this request in his capacity as Town Counsel for the Town of Dartmouth. Specifically, Attorney Savastano sought copies of MassDEP records regarding Robert W. Colledge and Colledge Strategies and Solutions LLC. By letter dated May 20, 2014 MassDEP acknowledged receipt of the request. As of the date of this determination no additional response has been provided by MassDEP. 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. A record custodian must comply with a public records request as soon as is practicable, without umeasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. MassDEP is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Attorney Savastano's May 1ih request restates a request he originally made on August 29, 2013. As ofthe date of this determination, no details have been provided by MassDEP in response to either request other than an acknowledgment of receipt of a public records request. The lack of response by MassDEP to these requests does not meet the burden placed on records OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Denise Child SPR14/336 July 11, 2014 Page Two custodians for responding to a records request under the Public Records Law. Accordingly,. MassDEP is hereby ordered, within ten (1 0) days of this order, to provide Attorney Savastano with any responsive records, or provide to Attorney Savastano and this office a written explanation, with specificity, how a particular exemption applies to each record or whether any responsive records exist. IfMassDEP is planning to charge for the cost of complying with this public records request, Attorney Savastano must be provided with a detailed written, good faith estimate on each particular request. Once MassDEP receives the estimate funds, the records must be provided. Failure to comply with this administrative order may result in the filing of a complaint for enforcement in the Superior Court by Attorney Savastano. This administrative appeal is now closed. cc: Mr. Anthony C. Savastano, Esq. Ms. Kathleen Delaplain, MassDEP OGC Boston