Keith Eddings v. Executive Office of Health and Human Services - Department of Public Health (SPR 20160268)

The Commonwealth of Massachusetts

William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A, Williams Supervisor of Records

May 4, 2016 SPR16/268

Mr. Scott Zobak

Communications Officer , Executive Office of Health and Human Services Department of Public Health

99 Chauncey Street, 11" Floor

Boston, MA 02108

Dear Mr. Zobak:

I have received the petition of Keith Eddings of the Eagle-Tribune appealing the nonresponse of the Executive Office of Health and Human Services - Department of Public Health (Department). Specifically, Mr. Eddings made requests on March 8 and March 10, 2016 for records regarding the Director of Compliance and Investigations for the Department’s Medical Use of Marijuana Program. Other than an acknowledgment regarding receipt of the request no substantive response has been provided.

A record custodian must comply with a public records request as soon as is practicable, without unreasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). 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 responses to requests for public records must be made in compliance with the timeliness requirement of the Access Regulations. 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.

Subsequent to the intervention by a member of my staff, this office was notified that a response was provided, dated May 2, 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. Eddings may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.LR. 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

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 - (617) 727-2832 - Fax (617) 727-5914

Wwww.sec.state.ma.us/ pre

Mr. Scott Zobak SPR16/268 Page 2 May 4, 2016

staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records/custodian in person to conduct training workshops on the Public Records Law upon requ¢st. Please contact my office directly at the telephone number provided in this det Vv for further information.

y/tru hy EN Shawn A. Williams Supervisor of Records

ce: Mr. Keith Eddings