Henriquez, Carlos v. Department of Public Health (SPR 20150138)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 31, 2015 SPRlS/138 Ms. Rebecca J. Rodman, Esq. Deputy General Counsel Department of Public Health 250 Washington Street, 2nd Floor Boston, MA 021 08 Dear Attorney Rodman: I have received the petition of Carlos Henriquez appealing the nonresponse of the Department of Public Health (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Henriquez requested copies of records regarding a specifically identified individual. Having received no response, Mr. Henriquez 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, § 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 a response was provided, dated March 27, 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. Mr. Henriquez may appeal the substantive nature of the Depap:ment's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor ofRecords cc: Mr. Carlos Henriquez OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma.us/pre