Colman Herman v. Massachusetts Board of Registration in Medicine (SPR 20160198)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords March 28, 2016 SPR16/198 Ms. Katie Condon Massachusetts Board of Registration in Medicine 200 Harvard Mill Square, Suite 33 Wakefield, MA 01880 Dear Ms. Condon: I have received the petition of Colman Herman appealing the nomesponse of Massachusetts Board of Registration in Medicine (Board) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested a number of records regarding the hiring of a permanent executive director "resumes, advertisements placed, and contract with search firm that the board hired to find an executive director." 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 (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. 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 by Board Public Records Coordinator, Ms. Zoraida Montes that a response will be provided by you. Whereas this matter was opened based upon the Board's failure to provide a written response, I will now consider this administrative appeal closed with the proviso that the Board provides such a response within ten (10) days. Mr. Herman may appeal the substantive nature of the Board's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in requesting and responding to requests for public records please refer 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 on my staff are available during regular business hours to answer general questions regarding the Public Records Law. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Katie Condon SPR16!198 Page 2 March 28, 2016 In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon reques Please contact my office directly at the telephone number provided in this determination for fu er information. cc: Mr. Colman Herman