Edward P. Sinni, Jr. v. Division of Occupational Licensure (SPR 20200523)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S, Murray Supervisor ofR ecords March 24, 2020 SPR20/0523 Bruce E. Hopper, Esq. Deputy General Counsel of Boards, Hearings and Records Division of Professional Li censure 1000 Washington Street; Suite 710 Boston, MA 02118-6100 Dear Attorney Hopper: I have received the petition of Edward P. Sinni, Jr. appealing the response of the Division of Professional Li censure (Division) Architectural Access Board (Board) to a request for public records. G. L. c. 66, § lOA; see 950 C.M.R. 32.08(1). Specifically, on 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 SPRl 9/ 1724; SPR20/004 l and SPR20/0286 Determinations of the Supervisor of Records (Supervisor) (September 10, 2019; October 3, 2019; January 22, 2020; and February 24, 2020). In my September 1o th 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. In a November 8, 2019 email pertaining to the Supervisor's October 3rd determination of SPR20/0041, Bruce E. Hopper, Chief Legal Counsel of Boards, Hearings and Records for the Division asserts," ... Mr. Walter White is a volunteer board member and does not have a state email address. Therefore, we have no responsive information or documentation." 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

Bruce E. Hopper, Esq. SPR20/0523 Page 2 March 24, 2020 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 documents." 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 th 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. In my February 24, 2020 determination, I found that the Division and Board did not meet their burden ofresponding to Mr. Sinni's request and the Supervisor's January 22nd order. As a result, in my February 24th determination, I ordered the Division and Board to provide Mr. Sinni with a response consistent with my January 22nd order to clarify whether Mr. White is using a personal or business email address to communicate with the Board and to conduct Board business. See SPR20/0286 Determination of the Supervisor (February 24, 2020). Current appeal In a February 28, 2020 email response from Bruce E. Hopper, Esq., Deputy General Counsel of Boards, Hearings and Records at the Division of Professional Li censure, Attorney Hopper reiterated, as he had previously, that all inquiries to the Board are received via email to the Board mailing address; through the Board telephone number; or via email to the Board staff (William Joyce and Karen Brann). He also stated that the individual Board members are named on the website; however, no contact information, including email addresses listed for the Chair or members of the Board. With regard to Mr. Sinni's request for Mr. White's email address, the Chair of the Board, Attorney Hopper states, "[o ]ur position continues to be that board member email addresses are

Bruce E. Hopper, Esq. SPR20/0523 Page 3 March 24, 2020 exempt. However, in this particular circumstances the email address for Mr. Walter White is his work email address for the [T]own of Milton that is subject to public records inquiries anyway. Therefore, preserving our arguments going forward regarding future inquiries of [B]oard member email address please note [Mr. White's work email address]." In his March 11, 2020 petition to the Supervisor objecting to the Board's February 28th response, Mr. Sinni contends that the Board is refusing his request for all email addresses of Board members. As a result, this office opened the current appeal, SPR20/0523. However, I note that Mr. Sinni's request on August 18, 2019 that is the subject of appeals SPRl 9/1724; SPR20/004 l; SPR20/0286 and SPR20/0523 and Determinations of the Supervisor on September 10, 2019; October 3, 2019; January 22, 2020; February 24, 2020, including the current determination, involved the request for the "personal email address of Mr. White." In addition, the prior and current appeal pertains to the email address that Mr. White may be using to communicate with the Board and to conduct Board business. Therefore, whereas the Board provided Mr. Sinni with the email address of Mr. White, I find that the Board has met its burden of responding to Mr. Sinni' s August 18, 2019 request. Mr. Sinni is advised that if he has made a written request to the Board for Board members' email addresses, he did not provide this office with his request for those records; nor, the Board's response to a request for such records. 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). Conclusion Accordingly, the Division and Board met its burden of responding and providing Mr. Sinni with the email address of the Chair of the Board, as requested on August 18, 2019. I consider this administrative appeal closed. Sincerely, ~ ~ · · Rebecca S. Murray Supervisor of Records cc: Jean McCarthy Edward P. Sinni, Jr.

Bruce E. Hopper, Esq. SPR20/0523 Page 4 March 24, 2020