Francis Wright v. Executive Office of Energy and Environmental Affairs - Department of Environmental Protection (SPR 20160346)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 2, 2016 SPR16/346; SPR16/347; SPR16/348 Ms. Jakarta Childers Records Response Coordinator Massachusetts Department of Environmental Protection One Winter Street Boston, MA 02108 Dear Ms. Childers: I have received the petition of Francis X. Wright, Jr. Esq. appealing the nonresponse of the Massachusetts Department of Environmental Protection (MassDEP) to three March 2016 requests for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, in requests dated March 23,2016 and March 25, 2016, Attorney Wright, City Solicitor for the City of Somerville requested correspondence related to a proposed casino (SPR16/346), "internal communications as to the internal policy development for review and approval for extended license terms ..." (SPR16/347), and "policy, or draft policy or policies, related to extended waterways and Facilities of Public Accommodation" (SPR16/348). Attorney Wright appealed, stating his belief that "[i]n each case, to date, MassDEP has failed to provide the required response." 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 to each request was provided, dated May 16, 2016. Whereas this matter was opened based upon MassDEP's failure to provide written responses, I will now consider this administrative appeal closed. Attorney Wright may appeal the substantive nature ofMassDEP's responses 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 OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Jakarta Childers SPR16/346; SPR16/347; SPR16/348 Page 2 June 2, 2016 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. 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. cc: Mr. Francis X. Wright, Jr. Esq.