William C. Stafford v. Department of Public Health (SPR 20182068)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 3, 2019 SPR18/2068 Helen Rush-Lloyd Department of Public Health 250 Washington St. Boston, MA 02108 Dear Helen Rush-Lloyd: I have received the petition of William C. Stafford appealing the non-response of Department of Public Health to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically on December 1, 2018, Mr. Stafford states he is writing "because of a concern for the RMD 'Provisional Certificate of Registration' for the Haven Center Inc. in Bourne, Massachusetts." In a follow-up letter to this office dated December 19, 2018, Mr. Stafford writes, "I am requesting help from you concerning the Medical Use of Marijuana Program. I have tried to get answers from them about the program. I have not gotten any answers ... [p]lease help me get a written response to my questions." The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Please be advised, a public employee is not required to answer questions, do research, or create documents in response to questions. See G. L. c. 66, § lO(a); 32 Op. Atty Gen.157, 165 (May 18, 1977). Conclusion Subsequent to the invention by a member of this Division, I learned that the Department is aware of this appeal and is working on a response. Accordingly, the Department is ordered to provide Mr. Stafford with a response to the request, provided in a manner consistent with this order, the Public Records Law and its 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 SPR18/2068 Page2 January 3, 2019 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.rna.us. ~ Rebecca S. Murray Supervisor of Records cc: William C. Stafford