Michael Edwards v. Executive Office of Public Safety and Security - Department of Correction (SPR 20160363)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 3, 2016 SPR16/363 Ms. Carol Colby, Esq. Department of Correction- Legal Division 70 Franklin Street, Suite 600 Boston, MA 02110-1327 Dear Attorney Colby: I have received the petition of Michael Edwards appealing the nomesponse of the Department of Corrections (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Edwards requested eight (8) categories of records pertaining to a particular date. Having received no response, Mr. Edwards 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. 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 the Department will be providing Mr. Edwards a response to his request. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed with the proviso that such a response is provided without delay. Mr. Edwards 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 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. Carol Colby, Esq. SPR16/363 Page2 June 3, 2016 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 fu er information. cc: Mr. Michael Edwards