Robert Cockerline v. Executive Office of Public Safety and Security - NCCI Gardner (SPR 20160944)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 27, 2016 SPR16/944 Raymond Marchilli Superintendent NCCI Gardner 500 Colony Road P.O. Box 466 Gardner, MA 01440 Dear Superintendent Marchilli: I have received the petition of Robert Cockerline appealing the nonresponse ofNCCI Gardner (Department) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Robert Cockerline requested two (2) categories of documents: (1) to the Director of Treatment Karen DiNardo for "a copy of the quality assurance standards" and background information on two specifically identified individuals within the facility; and (2) to Superintendent Colette Goguen for "copies of the most recent program monitoring report for the traditional Islam program" as well as a budget request submitted by a specifically identified individual. Having received no response, Robert Cockerline 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, § 1O (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 a response would be provided by October 30, 2016. Whereas this matter was opened based upon NCCI Gardner's (Department) failure to provide a written response, I will now consider this administrative appeal closed with the proviso that a subsequent response will later be provided to Robert Cockerline with substantial information regarding his requests. Robert Cockerline may appeal the substantive nature ofNCCI Gardner's (Department) 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 One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Raymond Marchilli SPR16/944 Page2 October 27, 2016 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 conduct training workshops on the Public Records Law upon re est. Please contact my office directly at the telephone number provided in this determination r further information. cc: Robert Cockerline