Dan Glaun v. Massachusetts Department of Early Education and Care (SPR 20171456)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth · Public Records Division Rebecca S. Murray Supervisor ofR ecords October 25, 2017 SPR17/1456 Kathleen Hart Director of Communications and External Affairs Department of Early Education and Care 51 Sleeper Street, 4th Floor Boston, MA 02210 Dear Ms. Hart: I have received the petition of Dan Glaun, of MassLive, appealing the response of the Department of Early Education and Care (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on August 22, 2017 Mr. Glaun requested "all written statements of noncompliance that fall under 606 CMR 7.05(5), 606 CMR 7.11 (1 through 12, 17a, and 18a) and 606 CMR 7.05(8), from 7/1/2017 through 7/31/2017" and "all written notifications received by the Department of Early Education and Care under 606 CMR7.04 (15c, d and i) from 7/1/2017 through 7/31/2017." The Department initially responded to Mr. Glaun's request on September 6, 2017 requiring a payment of $75 in full prior to the delivery of records. Mr. Glaun paid the full $75 amount on September 18, 2017. On October 10, 2017, Mr. Glaun submitted an appeal due to the delay of his public records request and asked that the Supervisor of Records (Supervisor) "order [the Department] to produce the requested records without further delay." The Department responded to the appeal indicating they were working to provide the records "as soon as possible." Mr. Glaun, unsatisfied with the response, requested on October 11, 2017 that the appeal remain open "given that the response does not provide any ETA on the documents or explanation for the time it has taken [the Department] to produce them." On multiple occasions, a member of the Public Records Division staff reached outto the Department to discuss this matter. Please be aware, under the Public Records Law an agency must produce responsive records within fifteen business days of receipt of the request, unless the agency petitions the Supervisor and is granted an extension of time or the requestor agrees otherwise. G. L. c. 66, § 1O (b )(vi); G. L. c. 66, § 10(c ). 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

Kathleen Hart SPR17/1456 Page 2 October 25, 2017 Accordingly, the Department is hereby ordered to provide Mr. Glaun with records responsive to his request without delay, provided in a manner consistent with this order, the Public Records Law and its Regulations. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Dan Glaun