Michael Bolgatz v. Secretary of the Commonwealth- Securities Division (SPR 20180597)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 11,2018 SPR18/597 Patrick M. Costello, Esq. Second Assistant Director for Enforcement Massachusetts Securities Division One Ashburton Place, Room 1701 Boston, MA 02108 Dear Attorney Costello: I have received the petition of Michael Bolgatz, Esq. appealing the response of the Securities Division (Division) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1 ). Specifically, Attorney Bolgatz requested records referenced in an identified Consent Order. The Division initially responded on February 27, 2018. In his appeal petition Attorney Bolgatz indicates "we request access to inspect and examine, under the Division's supervision, and/or possible copies of, for all available successive year time periods, the following records ...." In a May 8, 2018 email you indicate you had a conversation with Attorney Bolgatz and confirmed to him that "the Division agrees to an in camera review of the requested materials. I will collect the responsive materials for your review." You encouraged Attorney Bolgatz to contact you to discuss scheduling and explained "[i]n the meantime, I will also review the materials to determine what records we can release as hard copies." I understand you intend to provide a follow-up response to Attorney Bolgatz about this matter. Whereas the parties are communicating to facilitate the inspection and/or production of responsive records, I will consider this appeal closed. See G. L. c. 66, § lO(vii) (an agency may suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency or municipality to produce records sought more efficiently and affordably). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Michael G. Bolgatz, Esq. 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