Colman Herman v. Office of Consumer Affairs and Business Regulation (SPR 20200861)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 12, 2020 SPR20/0861 Janelle Hardiman Records Access Officer Office of Consumer Affairs and Business Regulation 501 Boylston Street, Suite 5100 Boston, MA 02116 Dear Ms. Hardiman: I have received the petition of Colman Herman appealing the response of the Office of Consumer Affairs and Business Regulation (OCABR) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 10, 2020, Mr. Herman requested “hard copies and electronic copies of all communications related to Supervisor Rebecca Murray’s April 17, 2020 order in the matter if SPR20/0298.” OCABR responded to Mr. Herman on May 22, 2020, indicating the OCABR needed additional time to respond. Unsatisfied with OCABR’s response, Mr. Herman petitioned this office and SPR20/0861 was opened as a result. Current Appeal In its May 22, 2020, response, OCABR stated “[g]iven the scope of your request, the challenges of working remotely, and the Office’s numerous competing priorities of addressing COVID-19 issue, the Office is unable to produce the records within the time provided in G.L. c. 66, § 10(a) and requires additional time to respond.” In his appeal, Mr. Herman states “[t]he public records law does not contemplate an open- ended response such as the one you provided to me today. You are required to 'identify a reasonable timeframe in which the agency . . . shall produce the public records sought . . . .' M.G.L. c. 66, §10(b)(vi).” Mr. Herman further indicates “[y]ou also did not inform me of my right of appeal.” Mr. Herman requests OCABR beordered “to provide the required timeframe” and “acknowledge the requirement that she inform requesters of their right of appeal when required by the public records law.” I find OCABR must provide a response to Mr. Herman indicating a timeframe of when they plan on producing the responsive records. 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

Janelle Hardiman SPR20/0861 Page 2 June 12, 2020 Order Accordingly, OCABR is ordered to provide Mr. Herman with said response to his request, in a manner consistent with this order, the Public Records Law and its Regulations as soon as practicable. 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, Rebecca S. Murray Supervisor of Records cc: Colman Herman