Rachel Roth v. Division of Capital Asset Management and Maintenance (SPR 20211566)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 9, 2021 SPR21/1566 Christopher Guerin, Esq. Special Counsel Division of Capital Asset Management and Maintenance 1 Ashburton Place, 15th Floor Boston, MA 02108 Dear Attorney Guerin: I have received the petition of Rachel Roth appealing the response of the Division of Capital Asset Management and Maintenance (Division) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 1, 2021, Ms. Roth requested “. . . all email communication between and among the DOC, DCAMM, EOPSS, and the Governor’s Office from August 1, 2020 to October 31, 2020 regarding Mass. State Project Number DOC2002.” The Division provided a response on May 11, 2021, providing certain records and denying access to other portions pursuant to Exemptions (d) and (n) of the Public Records Law, as well as the common law attorney-client privilege. G. L. c. 4, § 7(26)(d), (n). Unsatisfied with the Division’s response, Ms. Roth petitioned this office and this appeal, SPR21/1566, was opened as a result. Subsequent to the opening of this appeal, the Division provided a supplemental response to the request on July 7, 2021. Conclusion Accordingly, I will consider this administrative appeal closed. Ms. Roth may appeal the substantive nature of the Division’s July 7th response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Rachel Roth 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