Colman Herman v. Division of Capital Asset Management and Maintenance (SPR 20171618)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords November 22, 2017 SPR17/1618 Peter A. Wilson, Esq. Deputy General Counsel Division of Capital Asset Management and Maintenance One Ashburton Place Boston, MA 02108 Dear Attorney Wilson: I have received the petition of Colman Herman appealing the response of the Division of Capital Asset Management and Maintenance (Division) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Herman requested to view all documents related to the Division's efforts relating to yacht/boat clubs leases. The Division responded by providing hard copies of all responsive documents in its possession. Previous appeal This request was the subject of a previous appeal. See SPRl 7/1559 Determination of the Supervisor of Records (November 16, 2017). Mr. Herman objected to the records provided and the manner in which they were provided. 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). Conclusion . The Public Records Law requires a records access officer to permit inspection or furnish a copy of any public record without unreasonable delay. G. L. c. 66, § 1O (a). Please be aware, in accordance with the Public Access Regulations, as an alternative to obtaining copies of records 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

Peter A. Wilson, Esq. SPRl 7/1618 Page 2 November 22, 2017 from a records access officer a requester must be permitted, to the extent feasible and at reasonable times, to view and inspect records prior to obtaining copies. 950 C.M.R. 32.07(b )(1 ). Seeing that hard copies of all responsive records were provided to Mr. Herman by letter dated November 21, 2017, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman