Shea, Esq., Katherine v. Executive Office of Health and Human Services - Department of Mental Health (SPR 20150352)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 14,2015 SPRlS/352 Mr. John Seiff Executive Office of Health and Human Services 600 Washington Street Boston, Ma 02111 Dear Mr. Seiff: I have received the petition of Katherine D. Shea, Esq. of the law firm Pyle Rome Ehrenberg P.C., made on behalf of her client the Service Employees International Union (SEIU) Local 509 appealing the nonresponse ofthe Executive Office of Health and Human Services (EOHHS) to SEIU Local509's request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically on March 9, 2015, SEIU Local509 President Susan Tousignant requested copies of "documents relating to the decision or proposed decision to privatize emergency services in the Southeast Region and to lay off bargaining unit members." Other than a form letter response dated March 18 no response was provided by EOHHS to this request. Receiving no additional response Attorney Shea 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. EOHHS 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 June 10,2015. In that response to Ms. Tousignant you provided "a CD containing documents constituting a partial response," stating that "[a]dditional documents are in the process of being reviewed, and we will supplement this response as soon as they are ready." Whereas this matter was opened based upon EOHHS' failure to provide a written a response, I will now consider this administrative appeal clos SEIU Local 509 may appeal the substantive nature ofEOHHS' response within ninety 90 s. See 950 C.M.R. 32.08(2). cc: Ms. Katherine D. Shea, Esq. Supervisor of Records OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre