Edward P. Sinni, Jr. v. Division of Occupational Licensure (SPR 20200041)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division |

Rebecca S. Murray Supervisor of Records

January 22, 2020 SPR20/0041

Jean McCarthy

Records Access Officer

Division of Professional Licensure Office of Public Safety and Inspections 1000 Washington Street, Suite 710 Boston, MA 02118

Dear Ms. McCarthy; |

I have received the petition of Edward Sinni appealing the response of the Division of Professional Licensure (Division) — Architectural Access Board (Board) to a request for public records. G, L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on Sunday, August 18, 2019, Mr. Sinni requested: “...the email address for the Chairman of the Architectural Access Board, Mr. Walter White.”

Prior determinations

The requested email address was the subject of prior determinations. See SPR19/1724 Determinations of the Supervisor of Records (Supervisor) (September 10, 2019 and October 3, 2019). In my September 10" determination, I found that the Division met its burden of specificity in withholding the “personal” email address of Mr. White pursuant to Exemption (0) of the Public Records Law.

Ina September 16" letter, Mr. Sinni asked for reconsideration of my September 10" determination. In his letter, Mr. Sinni indicates that he did not request the personal email address

of Mr. White; instead, he requested the professional email address,

In my October 3" determination, I found that it was unclear whether Mr. White has an email address used for Board business. I ordered the Division to clarify that issue. .

Responses to the Supervisor’s October 3" determination; basis for the current appeal

In a November 8, 2019 email, Bruce E. Hopper, Chief Legal Counsel of Boards, Hearings and Records for the Division asserts, “...Mr. Walter White is a volunteer board .

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

Jean McCarthy SPR20/0041 Page 2 January 22, 2020

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member and does not have a state email address, Therefore, we have no responsive information or documentation.”

Upon receipt of Attorney Hopper’s November 8" response, Mr. Sinni emailed this office contending that this November 8" response is not accurate, and that Mr. White provided him the email address previously, This office contacted the Division again, and on January 7, 2020, Attorney Hopper stated, “[w]e are not the keeper of Walter White’s personal email address nor are we able to explain how Mr. Sinni misplaced that email address that was purportedly personally provided to him by Mr. White. As such we have no responsive documents.”

As aresult of the Division’s November 2019 and January 7, 2020 responses, Mr, Sinni petitioned this office on January 7", and the current appeal was opened. In his January 7h petition, Mr. Sinni contends, “Mr. White continues to communicate electronically with the [Board]. That email that he uses will address this request.”

The basis of the current appeal involves whether Mr. White is using a personal email address to communicate with the Board and conduct Board business with that particular email address. While Attorney Hooper stated in his January 7" email response to Mr. Sinni and this office that Mr. White does have a “state issued” email address for Board business, it is still unclear whether Mr, White is using a personal email address to conduct Board business. The Division did not specifically address that issue in its January 7" response. Therefore, the Division and Board must clarify whether Mr. White is using a personal email address to communicate with the Board and conduct the Board’s business.

Conclusion

‘Accordingly, the Division and Board is ordered to provide Mr. Sinni with a response to his request for the email address used by Mr. White to communicate with the Board and conduct Board business, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. 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.

Sincerely,

Rebecea Muro

Rebecca S. Murray Supervisor of Records

ce: Edward Sinni cc: Bruce Hopper, Esq., Chief Legal Counsel, Division of Professional Licensure