Colman Herman v. Department of Revenue (SPR 20200229)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords . February 19, 2020 SPR20/0229 Roger Randall, Esq. Counsel to the Commissioner Litigation Bureau Department of Revenue I 00 Cambridge Street, 7th Floor Boston, MA 02114-2582 Dear Attorney Randall: I have received the petition of Colman Herman appealing the response of the Department of Revenue (Depa1tment) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on December 24, 2019, Mr. Herman requested: "[H]ard copies and electronic copies of any and all communications related to the state auditor's 2019 report on information security at the department of revenue. Communications include, but are not limited to, emails, letters, memoranda, faxes, and notes. Please be aware that if any related communications were done through personal email accounts, text messaging, etc., these vehicles must be searched for responsive public records." Previous appeals This request was the subject of a previous appeals. See SPR20/0047 Determination of the Supervisor of Records (January 23, 2020). On January 31, 2020, the Department provided a response indicating that the Department needed additional time to complete Mr. Herman's request. Unsatisfied with the Department's response, Mr. Herman petitioned this office and this appeal, SPR20/0229, was opened as a result. Subsequent to the intervention by a staff attorney of the Public Records Division, I learned that the Department responded to Mr. Herman's request with a supplemental response sent on February 11, 2020, which was acknowledged by Mr. Herman. Whereas the basis of this appeal was opened as a result of the Department January 31st response, I will now consider this administrative appeal closed. Mr. Herman may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). 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

Roger Randall, Esq. SPR20/0229 Page 2 February 19, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman