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Folk, Jamie v. Department of Public Health (SPR 20150840)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 11-10-2015

ClosedAppealPetitioner Won

SPR 20150840 is a Massachusetts Public Records Law appeal filed by Folk, Jamie concerning records held by Department of Public Health, opened 11-10-2015. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20150840
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Folk, Jamie
Custodian
Department of Public Health
Date Opened
11-10-2015
Date Closed
12-23-2015

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 23, 2015 SPRlS/840 Mr. John Pina III., Esq. Deputy General Counsel Department of Public Health 250 Washington Street Boston, MA 02108 Dear Attorney Pina: I have received the petition of Jamie Folk 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. Folk requested copies of records related to a former Massachusetts chemist. The Department initially provided Mr. Folk with certain responsive emails. Mr. Folk submitted a supplemental request to the Department in an email dated September 29, 2015 for the remaining responsive emails as well as other related records. Mr. Folk has informed this office that he has yet to receive records responsive to his 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 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, you notified this office that you intend to provide Mr. Folk with a response. As a result, I will now consider this appeal closed with the proviso that, within ten (1 0) days, the Department provides a response to Mr. Folk in a manner consistent with the Public Records Law and its Regulations. r. Folk may appeal the substantive nature of the Department's response within ninety (90) ys. See 950 C.M.R. 32.08(2). cc: Mr. Jamie Folk OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre