Herman, Colman v. Executive Office of Energy and Environmental Affairs - Department of Conservation and Recreation (SPR 20150920)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 8, 2016 SPRlS/920 Ms. Alice Bilbo-Miles Paralegal Department of Conservation and Recreation 251 Causeway Street, Suite 900 Boston, MA 02114 Dear Ms. Bilbo-Miles: I have received the petition of Colman Herman appealing the nomesponse of the Department of Conservation and Recreation (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested "copies of any and all reports issued to [the Department] by TR Advisors." Having received only an acknowledgment of his request, Mr. Herman appealed to 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 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. 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 January 7, 2016. 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. Herman may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Mr. Colman Herman OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre