Elliott Turner v. University of Massachusetts Building Authority (SPR 20160751)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 29, 2016 SPR16/751 Mr. David P. Mullen, Esq. University of Massachusetts- Building Authority One Beacon Street, 31st Floor Boston, MA 021 08 Dear Attorney Mullen: I have received the petition of Elliott Turner appealing the nonresponse of the University of Massachusetts- Building Authority (School) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Turner requested a number of records pertaining to the "construction of a soccer stadium to be used by the New England Revolution soccer team". Having received no response, Mr. Turner 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 intervention by a member of my staff, this office was notified by you that Mr. Turner's request for records was never received. A member of my staff forwarded a copy of the file associated with this appeal to you via email. You further explained that upon review of the file you will provide a response to Mr. Turner's request. Whereas this matter was opened based upon the School's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Turner may appeal the substantiv nature of the School's response within ninety (90) days. See 950 C.M.R. 32.08 2 . cc: Mr. Elliott Turner OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre