Thibault, Nicole v. Department of Transitional Assistance (SPR 20140522)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 1, 2014 SPR14/522 Ms. Stacey Monahan Commissioner Department of Transitional Assistance 600 Washington Street Boston MA 02111 Dear Commissioner Monahan: I have received the petition of Nicole Thibault, Legislative Aide for the Honorable Shaunna O'Connell appealing the nonresponse of the Department of Transitional Assistance (Department) to Representative O'Connell's request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). In a letter dated June 30, 2014 Representative O'Connell requested records and information regarding visitor visas. While you did send a response, dated August 8, 2014, this response was addressed not to Representative O'Connell, but to the Honorable Brad Jones. It must be noted that Representative Jones did not make a public records request. The request was made by Representative O'Connell. In providing a response to a person other than the requester the Department failed to meet its burden in responding to a request for public records. 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 ofthe records, or a denial. Your response was dated August 8, 2014, thirty-nine (39) days after the request. Not only did the Department err in responding to a party other than the requester, it also failed to adhere to the timeliness requirements of the Public Records Law and its Regulations in responding to requests for public records. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Commissioner Stacey Monahan SPR14/522 Page Two October 1, 2014 Accordingly, the Department is hereby ordered, within ten (10) day ofthis order, to provide Representative O'Connell with the requested records. If the Department maintains that any portion ofthe responsive records are exempt from disclosure it may, within thirty (30) days provide to Representative O'Connell and this office a written explanation, with specificity, how a particular exemption applies to each record. In the event a reconsideration appeal is opened 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 of this letter will not be considered. il iams Supervisor of Records cc: The Honorable Shaunna O'Connell