Colman Herman v. Soldiers' Home in Holyoke (SPR 20201509)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 11, 2020 SPR20/1509 Mark Yankopoulos, Esq. Records Access Officer Executive Office of Health and Human Services Soldiers’ Home in Holyoke 110 Cherry Street Holyoke, MA 01040 Dear Attorney Yankopoulos: I have received the petition of Colman Herman appealing the response of the Executive Office of Health and Human Services/Soldiers’ Home in Holyoke (Office/Home) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on May 13, 2020, Mr. Herman requested “… 1)[r]ecords of all the expenses Bennett Walsh incurred in his capacity as superintendent of the Soldiers’ Home in Holyoke for the period March 1, 2019 to February 29, 2020 … [including] but not limited to, the following: (a) Expense reports, including back up receipts, (b) Credit cards statements including back up receipts (c) Automobile expense records, including back up receipts (d) Any and all other records that document Superintendent’s … expenses, including back up receipts 2) The written employee reimbursement policy of the Home.” Previous appeals This request was the subject of previous appeals. See SPR20/0870 Determination of the Supervisor of Records (June 12, 2020); SPR20/1159 Determination of the Supervisor of Records (July 27, 2020). Unsatisfied with the response, Mr. Herman appealed and SPR20/1509 was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Home representative, it is my understanding that the Home intends on providing a subsequent response to Mr. Herman to address his concerns. 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

Mark Yankopoulos, Esq. SPR20/1509 Page 2 September 11, 2020 Accordingly, the Home is ordered to provide Mr. Herman with a response to his request in a manner consistent with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Herman may appeal the substantive nature of the Home's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman