Brian E. Barreira v. Executive Office of Health & Human Services (SPR 20213332)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 4, 2022 SPR21/3332 Patricia M. Scanlan Records Access Officer Executive Office of Health and Human Services One Ashbuton Place, 11th Floor Boston, MA 02108 Dear Ms. Scanlan: I have received the petition of Brian E. Barreira, Esq. appealing the response of the Executive Office of Health and Human Services (Office) to a request for public records. G.L. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 9, 2021, Attorney Barreira requested “… all communications among members of EOHHS surrounding and pertaining to the issuance of that email [by identified person and date] including internal notes and emails, as well as communications with CMS about this interpretation of the Deficit Reduction Act.” The Office responded on December 21, 2021. Unsatisfied with the response, Attorney Barreira petitioned this office and this appeal, SPR21/3332, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and an Office representative, it is my understanding that the Office intends on providing a subsequent response to Attorney Barreira. Accordingly, the Office is ordered to provide Attorney Barreira with a response to the 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. Attorney Barreira may appeal the substantive nature of the Office's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Brian E. Barreira, Esq. 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