Tim Bonham v. Department of Youth Services (SPR 20212925)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 17, 2021 SPR21/2925 Cecely Reardon, Esq. Primary RAO General Counsel Department of Youth Services 600 Washington Street, 4th Floor Boston, MA 02111 Dear Attorney Reardon: I have received the petition of Tim Bonham appealing the nonresponse of the Department of Youth Services (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 15, 2021, Mr. Bonham requested “the date DYS filed about FERPA on behalf of the students for CES releasing their records . . . [and] what the students and or parents were sent in writing about [it] . . .” Claiming to not yet have received a response Mr. Bonham petitioned this office, and this appeal, SPR21/2925, was opened as a result. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days from receipt of the request. G. L. c. 66, § 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequently, I learned that the Department intends to provide a response. Where this matter was opened based upon the Department’s lack of a written response, I will now consider this appeal closed. Mr. Bonham may appeal 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

Cecely Reardon, Esq. SPR21/2925 Page 2 November 17, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Tim Bonham