Emmett S. Muldoon v. Executive Office of Elder Affairs (SPR 20210484)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 5, 2021 SPR21/0484 Lesley Moreau Primary RAO Executive Office of Elder Affairs One Ashburton Place, Room 517 Boston, MA 02108 Dear Ms. Moreau: I have received the petition of Emmett S. Muldoon appealing the nonresponse of Executive Office of Elder Affairs (EOEA) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 26, 2021, Mr. Muldoon requested the following documents: “1. The latest EOEA annual report 1. The latest EOEA annual report (or similar) submitted to the Joint Subcommittee for Elder Affairs 2. The latest EOEA annual report from the Commission on Malnutrition Prevention Among Older Adults 3. The names of the members of the subcommittee and of the commission of ¶¶ 2, 3 above 4. A copy of the Applications for Federal Financial Assistance (Older Americans Act, Rehabilitation Act, etc.) submitted by the EOEA for the previous three years [including] … all Assurances submitted, as well as all other attachments, addendums, etc. 5. A copy of all requests for assistance (‘Hotline’) from elder and disabled elders who were currently incarcerated in State prisons or county jails … from 2010 through the present date [including] … the final disposition of each request. 6. A copy of all referrals from the Disabled Persons Protection Commission (DPPC) due to their lack of jurisdiction, as applied to State Prisoners and County jail inmates. This request period is from 2010 through the present date [including] …the final disposition of each referral. 7. A copy of the Code of Regulations for Massachusetts that guide the EOEA. 8. A copy, if possible, of the Older Americans Act, 42 U.S.C., §§ 3001, et seq.” 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

Lesley Moreau SPR21/0484 Page 2 March 5, 2021 Claiming to not yet have received a response, Mr. Muldoon appealed to this office and SPR21/0484 was opened as a result. Subsequently, I learned that a representative from EOEA intends to provide a written response to Mr. Muldoon. In an email to this office on March 3, 2021, EOEA confirmed that “[t]he request is currently in production and will be sent to the requester.” Accordingly, EOEA is ordered to provide Mr. Muldoon with a response in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Muldoon may appeal the substantive nature of the EOEA’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Emmett S. Muldoon