Eoin Higgins v. Massachusetts Department of Agricultural Resources (SPR 20160508)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 19, 2016 SPR16/508 Ms. Carol A. Szocik Department of Agricultural Resources 251 Causeway Street, Suite 500 Boston, MA 02114 Dear Ms. Szocik: I have received the petition of Mr. Eoin Higgins appealing the response of the Department of Agricultural Resources (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested copies of meeting minutes for the Agricultural Lands Preservation Committee, information on a specifically identified property, as well as communications between specifically identified persons. 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 ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. 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 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 will be provided. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Higgins may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). if~ ~ ~- Williams Supervisor of Records cc: Mr. Eoin Higgins OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre