Kay Lazar v. Department of Public Health (SPR 20212685)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 27, 2021 SPR21/2685 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Kay Lazar of the Boston Globe 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 August 4, 2021, Ms. Lazar requested, “[a]ll emails sent or received by [named] Dr. … of the Bureau of Infectious Disease and Laboratory Sciences, dated July 30 to August 4, 2021, inclusive, that are returned using the [identified] …search string …” The Department responded on September 7, 2021; September 20, 2021 and October 4, 2021. Unsatisfied with the response, Ms. Lazar petitioned this office and this appeal, SPR21/2685, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Department representative, it is my understanding the Department intends on providing a subsequent response to Ms. Lazar. Accordingly, the Department is ordered to provide Ms. Lazar with a response to her request in a manner consistent with the Public Records Law and its Access Regulations within ten (10) business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Lazar may appeal the substantive nature of the Department’s response within ninety (90) 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

Helen Rush-Lloyd SPR21/2685 Page 2 October 27, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Kay Lazar