Michael McMillan v. Department of Conservation and Recreation (SPR 20180168)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 22,20 18 SPR1811.68 Bridget Connelly, Esq. Assistant General Counsel Department of Conservation and Recreation 25 1 Causeway Street Suite 600 Boston, MA 02 11 4 Dear Attorney Connelly: I have received the petition from Michael McMillan appealing the denial of the access to public records of the Department of Conservation and Recreation (Department) to a request for public records. G. L. c. 66, 5 l0A; see also 950 C.M.R. 32.08(1). In response to Mr. McMillan's original request for records the Department sent an email on February 6,201 8 explaining it provided him with a "copy of a 1995 Department of Environmental Management (DCR's predecessor agency) report regarding the off highway vehicle policy and links to DCR's Motorized Trails Recreation Facility Assessment Policy and DCR's Off-Road Vehicle Policy website. In an effort to be helpful, DCR staff conducted a second search for records regarding the ban on motorized vehicles at Boxford and Georgetown State Forests; however, the search did not reveal a responsive record." Mr. McMillan appealed stating in an email that he has "discovered a 2014 DCR document that gives the year and reason for the ban on motorized trail recreation in Georgetown State Forest." Appeal Mr. McMillan has found "[tlhrough recent research [he] discovered a 2014 DCR document that gives the year and reason for the ban on motorized trail recreation in Georgetown State Forest." Mr. McMillan attached the DCR document, "Off Highway Vehicle Recreation" to demonstrate that there are records pertaining to his records request. 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, 5 10(a)(ii), (b)(ii). 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, 5 10(b) (iii). The Department has indicated to this office that it plans to contact Mr. McMillan to 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. Page 2 February 22,20 18 explain and resolve the issue at hand. This office encourages the Department and Mr. McMillan to communicate further to enable the Department to provide any requested public records. Accordingly, the Department is hereby ordered to review the requests made by Mr. McMillan and provide a response to Mr. McMillan, made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. 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. If unresolved issues remain, Mr. McMillan may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, V Supervisor of Records cc: Mr. Michael McMillan