Michael O'Donnell v. Department of Public Utilities (SPR 20190857)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 7, 2019 SPR19/857 Michael O'Donnell Dear Mr. O'Donnell: I have received your petition appealing a response from the Department of Public Utilities (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). The Department provided you with an April 25, 2019 response pertaining to your reiuest for all filings regarding Everett Towing in Bridgewater, MA. The Department's April 25t response states, "[p] lease be advised that the Department is experiencing a facilities issue relating to water damage caused by a burst pipe, resulting in the Department's temporary relocation of several of its files. Thus, the Department recommends submitting a new public records request in a few months." On May 1, 2019, a Public Records Division staff attorney spoke with Carline L. Lemoine in the Department's Legal Division, learning that during an April 30th conversation, you decided to withdraw your request. In an effort to verify your intent to withdraw the request and appeal, this office contacted you via email on May 15 however, you have not responded to this email. \ In addition, your petition for an appeal did not include a copy of your written request to the Department. The requirements for filing an appeal are as follows: Such appeal shall be in writing, and shall include a copy of the letter by which the request was made, and a copy of the letter by which the custodian responded. The Supervisor shall accept an appeal only from a person who had made his or her record request in writing. An oral request, while valid as a public record request pursuant to 950 C.M.R. 32.06(1)(a), may not be the basis of an appeal under 950 C.M.R. 32.08. See 950 C.M.R. 32.08(l)(g). Please note, a petition for an appeal must be filed with the Supervisor within 90 days from the date of a request. 950 C.M.R. 32.08(1). If you require assistance from this office in the future, you may file an appeal by following the requirements stated above. Accordingly, I consider this appeal closed. 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

Michael O'Donnell SPR19/857 Page 2 May 7, 2019 Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Carline L. Lemoine