Levy, Esq., Sarah v. Department of Transitional Assistance (SPR 20150003)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ec01·ds March 27, 2015 SPRlS/003 Ms. Sarah Dobbin, Esq. Executive Office of Health and Human Services One Ashburton Place, 11th Floor Boston, MA 02108 Dear Attorney Dobbin: I have received the petition of Sarah Levy, Esq. appealing the nomesponses of the Executive Office ofHealth and Human Services (EOHHS) and the Department of Transitional Assistance (DTA) to her requests for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Levy requested records regarding the practices and policies of EOHHS and DTA through separate requests to each agency. Having received no response from EOHHS and a partial response from DTA, Attorney Levy 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, § 1O (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. EOHHS and DTA are 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 DTA provided a response dated March 19, 2015. While EOHHS has yet to provide a response, you indicated that you intend to respond. Accordingly, EOHHS is hereby ordered to respond to Attorney Levy's request within ten (10) days. Whereas this matter was opened based upon the failure of EOHHS and DTA to provide written responses, I will now consider this administrative appeal closed. Attorney Levy may appeal the substantive nature of the responses within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor of Records cc: Ms. Nakisha Skinner, Esq. Ms. Sarah Levy, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre