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David S. Kassel v. Department of Developmental Services (SPR 20212281)

Massachusetts Public Records Appeal · Petitioner won — agency ordered to respond · Filed 09-08-2021

ClosedAppealPetitioner Won

SPR 20212281 is a Massachusetts Public Records Law appeal filed by David S. Kassel concerning records held by Department of Developmental Services, opened 09-08-2021. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Petitioner won — agency ordered to respond.

Case Details

Case Number
20212281
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
David S. Kassel
Custodian
Department of Developmental Services
Date Opened
09-08-2021
Date Closed
09-10-2021
Date Request Submitted
08-12-2021
Petitions Regarding Fees
No
Went to Court
No

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 10, 2021 SPR21/2281 Brian Fleming, Esq. Assistant General Counsel Massachusetts Department of Developmental Services 100 Washington Street Boston, MA 02118 Dear Attorney Fleming, I have received a petition from David Kassel of the Massachusetts Coalition of Families and Advocates appealing a nonresponse by the Department of Developmental Services (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 12, 2021. Mr. Kassel requested the following records: [1] the number of persons living in DDS state-operated homes[;] [2] the number of individuals admitted and discharged from group homes[;] [3] the number of group-home resident deaths per year[;] [4] the number of persons living in DDS corporate provider-run group homes from 2008 to present[;] [5] all standard notices, forms, and instructions issued by DDS to families, guardians, and individuals seeking residential placements in the DDS system. Claiming to not yet have received a response, Mr. Kassel petitioned this office and this appeal, SPR21/2281, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether a response has been provided. Accordingly, the Department is ordered to provide Mr. Kassel 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. Kassel may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). 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

Brian Fleming, Esq. SPR21/2281 Page 2 September 10, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: David Kassel