William M. Tyree v. Department of Public Health (SPR 20181027)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords July 24, 2018 SPRlS/1027 Ms. Helen Rush-Lloyd Department of Public Health 250 Washington St. Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Bill Tyree appealing the response of the Department of Health (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Tyree requested "105 CMR 470.800(A)(C); 105 CMR 470.850(A)(B), which require a variance permit to issue, from the DPH after its applied for, to the Department of Correction, to renovate, or, rebuild a portion of an existing State Prison, Jail, or Correctional Institution ... I request DPH notify me, as to whether or not, the DOC, and or SBCC has applied for, or been granted, and issued a variance permit." Having received no response, Mr. Tyree petitioned this office. 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 ofreceipt of the request. G. L. c. 66, § lO(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. c. 66, § 1O (b ). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that a response was provided, dated July 16, 2018. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Bill Tyree may appeal the substantive nature of Department of Health's response within ninety (90) days. See 950 C.M.R. 32.08(1). ~ Reoecca S. Murray Supervisor of Records cc: Bill Tyree 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