Colman Herman v. Executive Office of Energy and Environmental Affairs - Department of Conservation and Recreation (SPR 20160093)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 4, 2016 SPR16/093 Ms. Alice Bilbo-Miles Department of Conservation and Recreation 251 Causeway Street, Suite 900 Boston, MA 02114-2119 Dear Ms. Bilbo-Miles: I have received the petition of Colman Herman appealing the nonresponse of the Department of Conservation and Recreation (Department) to a 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 communications between the Department and the Mass Eye and Ear Infirmary. Having received no response, Mr. Herman 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 February 9, 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). To assist in responding to requests for public records I refer the Department to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys and other members of my staff are available during regular business hours to answer general questions regarding the Public Records Law. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Alice Bilbo-Miles SPR16/093 Page 2 March 4, 2016 In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon st. Please contact my office directly at the telephone number provided in this determination for er information. (williams cc: Mr. Colman Herman