Herman, Colman v. Executive Office of Elder Affairs (SPR 20150004)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 17, 2015 SPRlS/004 Ms. Martina Jackson Executive Office of Elder Affairs One Ashburton Place, Room 517 Boston, MA 02108 Dear Ms. Jackson: I have received the petition of Colman M. Herman appealing the response ofthe Executive Office of Elder Affairs (Office) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested copies of records related to Providence Cliff House in Athol. On December 11, 2014 Mr. Herman inquired as to the status of his request. To date the Office has not provided Mr. Herman with a proper response to his request. 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 of the records, or a denial. The initial response by the Office was not issued until Mr. Herman inquired as to the status of his request, and in this response the Office's stated to Mr. Herman the review of his request was ongoing. To date the Office has not provided any further response to his request. "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Public records, and any non-exempt, segregable portions thereof, are subject to mandatory disclosure upon request. G. L. c. 66, § 10(a); see also In re Subpoena Duces Tecum, 445 Mass. 685, 687 n. 3 (2006). The statutory exemptions are strictly and narrowly construed. Globe Newspaper Co. v. Dist. Att'y for the Middle Dist., 439 Mass. 374, 380 (2003). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Martina Jackson SPR15/004 Page Two March 17, 2015 A record custodian must comply with a public records request as soon as is practicable, without unreasonable delay, and always within ten (1 0) calendar days. G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). Accordingly, the Office is hereby ordered, within ten (1 0) ays of this order, to comply with Mr. Herman's request. This administrative appeal is ow closed. Supervisor of Records cc: Mr. Colman M. Herman