Samman, Marwan v. Executive Office for Administration and Finance - Division of Capital Asset Management and Maintenan (SPR 20150288)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 2, 2015 SPRlS/288 Mr. Peter Wilson, Esq. Deputy General Counsel Division of Asset Management and Maintenance One Ashburton Place Boston, MA 02108 Dear Attorney Wilson: I have received the petition ofMarwan Samman appealing the nomesponse of the Division of Capital Asset Management and Maintenance (DCAMM) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Samman requested a copy of records related to three job postings. Having received no response other than an acknowledgment, Mr. Samman 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, § lO(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 DCAMM is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. DCAMM provided an initial response, but otherwise failed to meet its burden in providing a response to a request for public records. Under the Public Records Law and its Regulations all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § lO(b); 950 C.M.R. 32.05. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. I find DCAMM has failed to respond to a request for public records, and has failed to rebut any presumption that the requested records are public records. DCAMM was provided with not only Mr. Samman's request, but also an acknowledgment from this office dated May 5, 20 15 providing an appeal number and notice that a public records appeal had been opened by this office. Further, a member of my legal staffleft a voicemail for you on June 5, 2015 that was not returned. Accordingly, DCAMM is hereby ordered, within ten (1 0) days, to review the OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. Peter Wilson, Esq. SPRIS/288 Page Two July 2, 2015 request made by Mr. Samman and provide a written response to Mr. Samman, made in accordance with the Public Records Law, its Regulations and t is order. A copy of any such response must be provided to this office. Supervisor of Records cc: Mr. Marwan Samman