James P. McKenna, Esq. v. Department of Public Health - Commissioner (SPR 20160432)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 6, 2016 SPR16/432; SPR16/433 Ms. Helen Rush-Lloyd Director of Constituent Services Records Access Officer Office of the Commissioner Massachusetts Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of James P. McKenna appealing the nonresponse of Department of Public Health (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, in requests dated May 17 and May 24, 2016, Mr. McKenna sought from the Department's Commissioner copies of records associated with a laboratory in Amherst, Massachusetts. Having received no response, Mr. McKenna 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 opening of this appeal, my office was informed that you are coordinating with the appropriate divisions within the Department to provide a response. 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 the Department provide its response without delay. Mr. McKenna rna appeal the substantive nature ofthe Department's response within ninety (90) days. S 950 C .R. 32.08(2). cc: Mr. James P. McKenna, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre