D. Nathaniel Mulcahy v. Department of Public Health (SPR 20180916)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 5, 2018 SPR18/916 Helen Rush-Lloyd Department of Public Health 250 Washington St. Bridgewater, MA 02324 Dear Helen Rush-Llyod: I have received correspondence from D. Nathaniel Mulcahy appealing the response of the Department of Public Health (Department) to a request for public records. G. L. c. 66, § lO(A); see also 950 C.M.R. 32.08(1). Specifically, on May 15, 2018, Mr. Mulcahy requested emails referenced in a letter dated May 11, 2018 from the Department's Director of Field Operations, Lorraine Simbliaris, in addition to a copy of correspondence inquiring if he could begin with "the exterior rather than the interior remediation" dated March 30, 2018. Unsatisfied with the Department's May 24, 2018 response, Mr. Mulcahy petitioned this office and as a result SPR18/916 was opened. Current Appeal On May 24, 2018, Office Manager Carolyn Wagner provided Mr. Mulcahy one record responsive to his request. In his petition dated June 20, 2018 Mr. Nathaniel writes, "Ms. Wagner finally replied to that PRR by sending a single email which, as you can see, did not contain an answer to the March 30, 2018 question." Mr. Mulcahy appealed this response, requesting assistance in receiving what he believes to be additional records responsive to his request. May J /h Letter In the May 11th letter to Mr. Mulcahy, Ms. Simbliaris states, "Nasko has never needed my permission to begin the exterior deleading. He is trained and authorized and should have written material from his training about when and where he can work. As always I am more than happy to assist and I have responded to this question on several occasions via email and phone conversations." She then adds, "[t]o answer your questions and address your concerns regarding the water test result I have attached the lead in drinking water fact sheet and you may also get in touch with DEP as they are the expert on drinking water." It is my understanding that prior 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

Helen Rush-Lloyd SPR18/916 Page 2 July 5, 2018 this appeal the Department has informed Mr. Mulcahy that he does not need the permission of Ms. Simbliaris. May 24th Letter Subsequent to the intervention of a staff member of the Public Records division, I learned that the Department provided Mr. Mulcahy the only email sent by Ms. Simbliaris referenced in her reply of May 11, 2018 on May 24, 2018. Please be advised, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A( d). 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). Custodian Whereas the Department provided Mr. Mulcahy a response to his request and is not required to create additional records in response to a public records request, I will now consider this administrative appeal closed. Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: D. Nathanial Mulcahy Carolyn Wagner