Carbone, Guy v. Division of Capital Asset Management and Maintenance (SPR 20140777)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords February 24, 2015 SPR14/777 Ms. Susan Goldfischer, Esq. Deputy General Counsel Department of Capital Asset Management and Maintenance One Ashburton Place Boston, MA 021 08 Dear Attorney Goldfischer: I have received the petition of Guy A. Carbone, Esq. appealing the response ofthe Department of Capital Asset Management and Maintenance (DCAMM) to his public records requests. G. L. c. 66, § 10 ; see also 950 C.M.R. 32.08(2). Specifically, Attorney Carbone requested copies of records relating to the construction projects of the Massachusetts Firefighting Academy in the Town of Stowe and the Springfield Firefighting Academy. Having received no records, Attorney Carbone 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 ofthe 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. In October 2014, DCAMM sent Attorney Carbone two letters to acknowledge his requests. On February 4, 2015, you informed an attorney on my staff that DCAMM is diligently at work compiling voluminous responsive records, including those in archived storage. You further explained that DCAMM is reviewing the records to segregate those that are responsive to Attorney Carbone's requests from those that may have exempt materials. It is my understanding that you have contacted Attorney Carbone's office to schedule a date and time to review records and that you would continue to apprise Attorney Carbone on a regular basis as to when more records will be available for his review. I strongly suggest that you provide regular written updates to Attorney Carbone concerning the requested records. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Susan M. Goldfischer, Esq. SPR14/777 Page Two February 23, 2015 You also informed this office that DCAMM would prepare a written, good faith estimate for the costs associated with providing Attorney Carbone with public records and that the estimate would be provided to him within the next week. I find DCAMM has acted in good faith to respond to these requests for records. Accordingly, I will consider this administrative appeal closed with the proviso that DCAMM provide a complete fee estimate and response within ten (1 0) days. cc: Mr. Peter Wilson, Esq. Mr. Guy A. Carbone, Esq.