Don Kempner Warner Saklad v. Department of Public Health - Lemuel Shattuck Hospital (SPR 20160560)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 10, 2016 SPR16/560 Ms. Rosette Martinez Lemuel Shattuck Hospital 170 Morton Street Jamaica Plan, MA 02130 Dear Ms. Martinez: I have received the petition of Mr. Don Saklad appealing the nonresponse ofthe Lemuel Shattuck Hospital (Hospital) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Saklad requested a copy of the Hospital's most recent annual report. Having received no response, Mr. Saklad petitioned this office. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10 ( c); 950 C.M.R. 32.08(4 ). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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, § IO(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. The Hospital is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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. In addition, members of my staff will visit a records custodian in person to OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Rosette Martinez SPR16/560 Page 2 August 10, 2016 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. Order I find the Hospital has failed to respond to a request for public records, and has failed to rebut any presumption that the requested records are public records. The Hospital was provided with not only Mr. Saklad's request, but also an acknowledgment from this office dated August 1, 2016 providing an appeal number and notice that a public records appeal had been opened by this office. Accordingly, the Hospital is hereby ordered without delay to review the request made by Mr. Saklad and provide a written response to him, prepared in accordance with the Public Records Law, its Regulations and this order. 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. Saklad may appeal the substantive nature of the Hospital's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor of Records cc: Mr. Don Saldad