Cloutier, Catherine v. Department of Early Education and Care (SPR 20140488)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 2, 2014 SPR14/488 Felicia Sullivan Assistant General Counsel Department of Early Education and Care 51 Sleeper Street, 4th Floor Boston, MA 02210 Dear Attorney Sullivan: I have received the petition of Catherine Cloutier appealing the nomesponse of the Department of Early Education and Care (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Cloutier requested copies of records of family child care non-compliance allegations and investigations for the state of Massachusetts from 2012 to the present. Having received no response, Ms. Cloutier petitioned this office. It is important to note that the Department's response was not made in compliance with the timeliness requirements of the Public Records Law and its Access Regulations. Ms. Cloutier's response was issued more than three months after her request. G. L. c. 4, § 7 (26); 950 C.M.R. 32 et seq. A record custodian must comply with a public records request as soon as is practicable, without unreasonable delay, and always within ten (1 0) calendar days. G. L. c. 66, § IO(a); 950 C.M.R. 32.05(2). The Department is advised that all responses to requests for public records must be made in compliance with the timeliness requirement of the Access Regulations. Subsequent to the intervention by a member of my staff, a response was provided to Ms. Cloutier on September 26, 2014. Whereas the Department has provided a written response, made in compliance with the Public Records Law and its Regulations, I will consider this administrative appeal closed. Ms. Cloutier may appeal any subsequent response made by the Department within ninety (90) days. See 950 C.M.R. 3208(2). Supervisor of Records cc: Ms. Catherine Cloutier OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre