Lindsey Vickers v. Department of Public Health (SPR 20181609)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 16, 2018 SPRlS/1609 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: r liavereceiveal:ne_p_etifioffofIIiidseY Vickers appealing the responseoftlie Department of Public Health (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on October 08, 2018, Ms. Vickers requested "access to the final decisions and orders for complaints made against nurses licensed in Massachusetts from March 1, 2018 to present." Subsequent to the intervention by a member of the Public Records Division, I was informed that the Department has gathered records responsive to Ms. Vickers' request and is awaiting her mailing address. In an email dated November 16, 2018, Charlena Christiansen, Program Analyst for the Department, states, "I have the docs ready to go and asked the requestor yesterday for a mailing address but she hasn't responded yet." As of the date of this letter, it is my understanding that Ms. Vickers has not provided the Department with her mailing address. In light of the Department's November 16th letter, as well as its communication with this office, this office encourages the Department and Ms. Vickers to communicate further to enable the Department to provide the requested public records. 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 ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). Accordingly, upon obtaining Ms. Vickers' mailing address, the Department is ordered to provide Ms. Vickers with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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

Helen Rush-Lloyd SPR18/1609 Page2 November 16, 2018 Sincerely, ~!~ Supervisor of Records cc: Lindsey Vickers