Russell, Gerard v. Department of Public Health (SPR 20140707)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams December 15,2014 Supervisor ofR ecords SPR141707 Ms. Rebecca Rodman Deputy General Counsel Executive Office of Health and Human Services Department of Public Health 250 Washington Street Boston, MA 02108 Dear Attorney Rodman: I have received the petition of Gerard Russell, on behalf of the Worcester Telegram & Gazette, appealing the nomesponse of the Department of Public Health (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Russell requested records relative to the Department's prescription monitoring program. Having received no response, Mr. Russell petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) 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. The Department is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of my staff, this office was notified that you provided a response to this request dated December 9, 2014. Whereas this matter was opened based upon the Department's failure to provide a written response, I will not consider this administrative appeal closed. Mr. Russell may appeal the substantive nature ofthe Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Mr. Gerard Russell Mr. Mark Waterbury, Esquire OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre