Colman Herman v. Massachusetts Board of Registration in Medicine (SPR 20160293)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A, Williams Supervisor of Records

May 4, 2016 SPR16/293

Ms. Katie Condon

Paralegal, Division of Law and Policy Board of Registration in Medicine 200 Harvard Mill Square, Suite 300 Wakefield, MA 01880

Dear Ms. Condon:

I have received the petition of Colman M. Herman appealing the nonresponse of the Board of Registration of Medicine (Board) 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 certain Board members and staff emails. In a response to Mr. Herman dated April 6, 2016 the Board confirmed receipt of his request and explained it would produce the records as quickly as possible. The basis of Mr. Herman’s appeal is that as of the time of his petition he had not received a proper response from the Board.

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 that a response has been prepared and will be provided. Whereas this matter was opened based upon the Board’s failure to provide a proper response, I will now consider this administrative appeal closed with the proviso that the response is provided within ten (10) days. Mr. Herman may appeal the substantive nature of the Board’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 www.sec.state.ma.us/pre

Ms. Katie Condon SPR16/293 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 request. Please contact my office directly at the telephone number provided in this determination for further information.

Upervisor of Records

ce: Mr. Colman M. Herman Mr. George Zachos, Executive Director of BORIM