Joseph Smith v. Department of Public Health (SPR 20211450)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 17, 2021 SPR21/1450 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington St. Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Joseph Smith appealing the response of the Department of Public Health (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 21, 2021, Mr. Smith requested “…any public records held by DPH which involve the discussion of this study or discussion around [a named person] having sent this study or the proposed policy change for consideration or review by DPH.” On June 8, 2021, the Department responded. Unsatisfied with the response, Mr. Smith petitioned this office and SPR21/1450 was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Mr. Smith. Accordingly, the Department is ordered to provide Mr. Smith 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. Smith may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Joseph 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