Debra E. Berg, Esq. v. Newton, City of - Law Department (SPR 20170213)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 24, 2017 SPR17/213 Maura O'Keefe, Esq. Assistant City Solicitor Newton Law Department 1000 Commonwealth A venue, Room 208 Newton, MA 02459 Dear Attorney O'Keefe: I have received the petition of Attorney Debra Berg appealing the response of the City of Newton-Department of Health & Hwnan Services (Department) to a request for public records. G. L. c. 66 § 1 O(A); see also 950 C.M.R. 32.08(1 ). Specifically, Attorney Berg requested "copies of public records that relate to a complaint made regarding a violation of the Massachusetts Sanitary Code 105 CMR 41 O" at a specifically identified address. After receiving a response from the Department, Attorney Berg submitted a new appeal. Previous Appeals and Determinations This request was the subject of two (2) previous appeals and determinations. See SPRl 7/114 Determination of the Supervisor of Records (January 25, 2017); See SPRl 7/167 Determination of the Supervisor of Records (February 13, 2017). In my latest determination, I closed the appeal with the proviso that the Department respond to Attorney Berg's request and provide all requested records without delay. The Department responded to this order in a letter dated January 23, 201 7 providing records requested by Attorney Berg. In an ancillary letter dated February 14, 2017 to Attorney Berg, the Department provided additional records without having been prompted. Attorney Berg informed this office that she suspects the Department is in possession of more records that have yet to be provided; she seeks further action from this office and this appeal (SPRl 7/213) was opened as a result. Current Appeal Subsequent to the intervention by a member of my staff I learned that a representative from the city of Ne\Vton contacted this department, and informed us that they intend to provide a supplemental response to Attorney Berg's latest appeal, addressing all of her concerns. 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

Maura O'Keefe SPRl 7/213 Page2 February 24, 2017 Accordingly, I will now consider this administrative appeal closed with the proviso that the Department provides said response to Attorney Berg without delay. Attorney Berg may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). It is preferable to send an electronic copy ofthis response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Debra E. Berg, Esq.