Colman Herman v. Division of Capital Asset Management and Maintenance (SPR 20171559)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 16, 2017 SPR17/1559 Theresa A Lepore Program Coordinator Division of Capital Asset Management & Maintenance One Ashburton Place, 15th Floor Boston, MA 02108 Dear Ms. Lepore: I have received the petition of Colman Herman appealing the response of the Division of Capital Asset Management & Maintenance (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Herman requested to view records relat-e-d to the Dep-artmentand yacht/boat club leases; The Department fesponded-onGetober 31, 2017 by providing Mr. Herman with certain records. Mr. Herman appealed to this office, indicating his belief that additional responsive records exist. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). Subsequent to the intervention by a member of the Public Records Division, this office was notified that a response was provided to Mr. Herman, dated November 8, 2017, that included a disc with additional responsive records. In light of this response and attempt to provide additional responsive records, I will consider this appeal closed. Mr. Herman informed this office he objects to the substantive nature of the November 8th response and another appeal (SPRl 7/1618) was opened to address Mr. Herman's objections. 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

Theresa A. Lepore SPRl 7/1559 Page 2 November 16, 2017 Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Colman Herman