Herman, Colman v. Secretary of the Commonwealth-Administrative Services Division (SPR 20140510)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 31, 2014 SPR14/510 Mr. Paul McCarthy Secretary of the Commonwealth-Administrative Services Division One Ashb urton Place, Room 17 1 0 Boston, MA 02108 Dear Mr. McCarthy: I have received the petition of Colman Herman appealing the response of the Administrative Services Division (Division) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested copies of certain expense records. In response to his request, the Division provided Mr. Herman with a fee estimate of $9 .90, which he subsequently paid. The Division produced three pages of responsive records, and Mr. Herman appealed. I previously opined on the Division's fee estimate calculation. See SPR14/386 Determination of Supervisor of Records (July 18, 2014). I decline to further opine on that portion of Mr. Herman's new appeal. Mr. Herman appealed the redactions made to the records provided to him. It is my understanding that the Division redacted information relating to the financial security of the credit card information. It is my determination that this specific information is not responsive to Mr. Herman's request. I would also advise the Division, however that in future responses it notify the requester of this type of action to avoid any confusion. In his appeal, Mr. Herman stated that you failed to inform him of his right to appeal to the Supervisor of Records. The Public Records Access Regulations (Regulations) state that a custodian of records must notify a requester of the administrative remedies available in the event that the custodian denies access to requested records. 950 C.M.R. 32.08(1). I find that, while the Division did redact information, that information has been determined to be nomesponsive to the request. Accordingly, it is my determination that the Division's response did not violate the Regulations. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Paul McCarthy SPR14/510 Page Two October 31, 2014 Mr. Herman has also appealed what he believes is the Division's failure to disclose all requested records. It is my understanding that the Division identified two records that it determined were not responsive to Mr. Herman's request. Subsequent to your discussion with a member of my staff, it is my understanding that you have agreed to provide Mr. Herman with copies of those records. Whereas the Division has agreed to provide Mr. Herman with copies of the remaining responsive records, and further whereas I find the Division has redacted only nomesponsive information in the form of account number and other financial security information, this administrative appeal is now closed. In the event a request for reconsideration 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 reconsiderat'on led more than thirty (30) days after the date of this letter will not be considered. cc: Mr. Colman Herman