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Michael McMillan v. Department of Conservation and Recreation (SPR 20180112)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 01-23-2018
ClosedAppealDecision
SPR 20180112 is a Massachusetts Public Records Law appeal filed by Michael McMillan concerning records held by Department of Conservation and Recreation, opened 01-23-2018. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20180112
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Michael McMillan
- Date Opened
- 01-23-2018
- Date Closed
- 02-06-2018
- Date Request Submitted
- 11-29-2017
- Response Provided Date
- 12-14-2017
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- 1 Business Day (2-6-18)
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts - William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 6, 2018 ~SPR18/112 Bridget Connelly, Esq. Assistant General Counsel . Department of Conservation and Recreation 251 Causeway Street Suite 600 Boston, MA 02114 Dear Attorney Connelly: I have received the petition from Michael McMillan appealing the nonresponse of the Department of Conservation and Recreation (Department) to a request for public records, G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. McMillan states that he has not received a response from the Department’s RAO since our Determination letter was sent out on January 11, 2018. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. L. ¢. 66, § 10(a)-(b), The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. ¢. 66, § 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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 of records at the time of the request. See G. L. c. 66, § 10(a)(ii), (b)Gi). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 10(b) (iii). Accordingly, the Department is hereby ordered to review the requests made by Mr. MeMillan and provide a written response to Mr. McMillan, made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. This administrative appeal is now closed. 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. 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 Bridget Connelly, Esq. SPR18/112 Pg, 2 February 6, 2018 Sincerely, Lela. Rebecca S. Murray Supervisor of Records ce: Mr. Michael McMillan