Colman Herman v. Executive Office of Energy and Environmental Affairs - Department of Conservation and Recreation (SPR 20161019)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 23,2016 SPR16/1019 Bridget Connelly, Esq. Department of Conservation and Recreation 251 Causeway Street, Suite 900 Office of the General Counsel Boston, MA 02114 Dear Attorney Connelly: I have received the petition of Colman Herman appealing the nonresponse of the Department of Conservation and Recreation (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herman requested a copy ofthe list of individuals who have received Boston Duck Tours tickets through the Department. Having received no response, Mr. Herman 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 (1 0) 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 that a response was provided, dated November 10, 2016. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Herman may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor of Records cc: Colman Herman 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