Edward P. Sinni, Jr. v. Division of Occupational Licensure (SPR 20200286)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 24, 2020 SPR20/0286 Jean McCarthy Records Access Officer Division of Professional Li censure Office of Public Safety and Inspections 1000 Washington Street, Suite 710 Boston, MA 02118 Dear Ms. McCarthy: I have received the petition of Edward P. Sinni, Jr. appealing the response of the Division of Professional Licensure (Division) Architectural Access Board (Board) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on Sunday August 18, 2019, Mr. Silllli 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 SPRl 9/1724 and SPR20/004 l Determinations of the Supervisor of Records (Supervisor) (September 10, 2019; October 3, 2019 and January 22, 2020). In my September 10th determination, I found that the Division met its burden of specificity in withholding the "personal" email address of Mr. White pursuant to Exemption ( o) of the Public Records Law. In a September 16th letter, Mr. Sinni asked for reconsideration of my September 10th 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 3rd 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 3rd determination,· Prior appeal SP R20/0041 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 SPR20/0286 Page 2 February 24, 2020 member and does not have a state email address. Therefore, we have no responsive information or documentation." Upon receipt of Attorney Hopper's November gth response, Mr. Sinni emailed this office contending that the Division's 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 do~uments." As a result of the Division's November 2019 and January 7, 2020 responses, Mr. Sinni petitioned this office on January 7th, and SPR20/0041 was opened. In his January 7th 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 prior appeal involved 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 Hopper stated in his January 7th email response to Mr. Sinni and this office that Mr. White does not have a "state issued" email address for Board business, it remains 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 7th response. Therefore, on January 22nd, I ordered the Division and Board to provide Mr. Sinni with a response to his request for the email address used by Mr. White to communicate with the Board and to conduct Board business. See SPR20/0041 Determination of the Supervisor (January 22, 2020). In a February 13th petition to the Supervisor, Mr. Sinni indicated that he has yet to be provided with a response from the Division and/or Board as ordered by the Supervisor. As a result, SPR20/0286 was opened. I find that the Division and Board have not met their burden of responding to Mr. Sinni's request and the Supervisor's January 22nd order. Order Accordingly, the Division and Board is again ordered to provide Mr. Sinni with a response in a manner consistent with this order, the January 22, 2020 order described above, the Public Records Law, and its Regulations within 5 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. Failure to comply with this order may result in referral of this matter to the Office of the Attorney General. See G. L. c. 66, § lOA(b).

Jean McCarthy SPR20/0286 Page 3 February 24, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Bruce E. Hopper, Esq. Edward P. Sinni, Jr.