David Toppin v. Massachusetts Department of Labor Standards (SPR 20201969)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 26, 2020 SPR20/1969 John H. Ronan, Esq. General Counsel Department of Labor Standards 19 Saniford Street, 2nd Floor Boston, MA 02114 Dear Attorney Ronan: I have received the petition of Mr. David Toppin, appealing the nonresponse of the Department of Labor Standards (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on September 24, 2020, Mr. Toppin requested “the names, addresses, phone numbers, email addresses etc of anyone who has reported any alleged violations of any business to you via any form of communication, email, phone, letter etc. for any violation of any rules you purport to enforce. You may limit this request to only include ZIP codes 01606, 01583, 01520.” Claiming to not yet have received a response, Mr. Toppin petitioned this office and this appeal was opened as a result. Conclusion Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Department provided Mr. Toppin with a response to his request, dated October 15, 2020. Whereas the basis of this appeal was opened as a result of the Department’s lack of response to Mr. Toppin’s request, I will now consider this administrative appeal closed. Mr. Toppin may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). This office also encourages Mr. Toppin and the Department to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii) (an agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality to produce records sought more efficiently and affordably). 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

John H. Ronan, Esq. SPR20/1969 Page 2 October 26, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. David Toppin