Herman, Colman v. Office of Consumer Affairs and Business Regulation (SPR 20150222)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 11,2015 SPRlS/222 Mr. Paul McMorrow Executive Office of Housing and Economic Development Office of Consumer Affairs and Business Regulation 10 Park Plaza, Suite 5170 Boston, MA 02116 Dear Mr. McMorrow: I have received the petition of Colman M. Herman appealing the nonresponse ofthe Office of Consumer Affairs and Business Regulation (Office) to his request for public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). Specifically, in a March 13,2015 email to Communications Coordinator Jayda Leder-Luis Mr. Herman queried, "[s]ince 2012, has the Office of Consumer Affairs and Business Regulation paid any outside companies for contracted services? If yes, please provide me with the details ofthe nature ofthe work." Subsequent to the intervention by a member of my staff, this office was notified that an initial response was provided by Ms. Leder-Luis, dated March 20, 2015. In that response Ms. Leder-Luis explained that the Office was "in the process of determining whether this office has custody of records that are responsive to your request." Ms. Leder-Luis further stated that Mr. Herman would be "notified as soon as possible of the results" ofher search. To date, my office is unaware of any additional correspondence provided in response to Mr. Herman's March 13 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 Office is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. The initial response to Mr. Herman's public records request was provided within the mandatory ten (1 0) calendar days, however no additional response was provided. This lack of substantive response is not in compliance with the timeliness requirements of the Public Records Law and its Regulations. It has been well over forty ( 40) days since Mr. Herman's initial request. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Paul McMorrow SPR15/222 Page Two May 11,2015 Therefore, whereas the Office has failed to provide a substantive response to a Public Records request within a reasonable time, the Office is hereby ordered to provide a written response to Mr. Herman within ten (1 0) days, prepared in a manner co sistent with this order, the Public Records Law and its Regulations. Mr. Herman may appe the substantive nature of your response within ninety (90) days. See 950 C.M.R. 32.08 2). cc: Mr. Colman M. Herman