Thibault, Nicole v. Department of Transitional Assistance (SPR 20140759)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 20, 2015 SPR14/759 Mr. Thomas Massimo Acting Commissioner Executive Office of Health and Human Services Department of Transitional Assistance 600 Washington Street Boston, MA 02111 Dear Acting Commissioner Massimo: I have received the petition of Nicole Thibault, on behalf of Representative Shauna O'Connell, appealing the nonresponse of the Department of Transitional Assistance (Department) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Representative O'Connell requested records and information related to the closing of certain Electronic Benefit Transfer accounts. Having received no response, Ms. Thibault 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 (10) days of the request. G. L. c. 66, § 1O (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 a response was provided, dated January 26, 2015. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Ms. Thibault may appeal the substantive nature of the partment's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor of Records cc: Ms. Nicole Thibault Mr. Mark Waterbury, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre