Cruthird, Dwayne v. Executive Office of Public Safety and Security - Department of Correction (SPR 20150828)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 9, 2015 SPRlS/828 Ms. Mary Eiro-Bartevyan, Esq. Department of Correction-Legal Division 70 Franklin Street, Suite 600 Boston, MA 0211 0 Dear Attorney Eiro-Bartevyan: I have received the petition of Dwayne Cruthird appealing the August 25, 2015 response of the Department of Correction (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Cruthird requested copies of investigative files which refer to a specifically identified individual. Having received no response, Mr. Cruthird 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, § 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 October 14, 2015 informing Mr. Cruthird that the documents will be mailed to him by October 16,2015 and fees will be waived. 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. Cruthird may appeal the s stantive nature of the Department's response within ninety (90) days. See 95 C. .R. 32.08(2). ~illS, Supervisor of Records cc: Mr. Dwayne Cruthird OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre