Joseph Smith v. Executive Office of Health and Human Services - MassHealth Privacy Office (SPR 20211155)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 17, 2021 SPR21/1155 Ms. Shara Bedard Records Access Officer Executive Office of Health and Human Services One Ashburton Place, 11th Floor Boston, MA 02108 Dear Ms. Bedard: I have received the petition of Joseph Smith appealing the response of the Executive Office of Health and Human Services (EOHHS) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Smith requested: “[t]hrough a PRR with DESE I have become aware that Secretary Sudders was directly involved in the discussion and decision to remove all capacity limitations and physical distancing requirements for elementary students on school buses in February. I seek any public records that [EOHHS] holds related to discussions about the proposing of this change, along through the process considering it, and the process finalizing it.” On April 23, 2021, EOHHS sent an email indicating that their office was currently looking into the request and would respond on or before Thursday, May 6, 2021. In a May 6th letter, EOHHS provided a response stating, “…EOHHS continues to process your request to gather potentially responsive records. EOHHS is unable to provide a complete response by May 7, 2021…” Also, in an email on May 6th EOHHS informed Mr. Smith that “…EOHHS will issue a response to you on or before Friday, May 14, 2021.” Unsatisfied with the delay in receiving the records, Mr. Smith petitioned the Supervisor of Records, and this appeal was opened. Based on a conversation between an attorney in the Public Records Division and a representative from EOHHS, it is my understanding that EOHHS intends to provide the records on or before May 21, 2021. The EOHHS also confirmed this in a May 14th email to Mr. Smith. 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

Ms. Shara Bedard SPR21/1155 Page 2 May 17, 2021 Conclusion EOHHS is ordered to provide Mr. Smith with the records in compliance with this order, the Public Records Law and its Regulations no later than May 21, 2021. A copy of any 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: Joseph Smith