Colman Herman v. Department of Environmental Protection (SPR 20220241)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 7, 2022 SPR22/0241 Rachel M. Cohen, Primary RAO MassDEP Records Manager Department of Environmental Protection 1 Winter Street Boston, MA 02108 Dear Ms. Cohen: I have received the petition of Colman Herman appealing the nonresponse of the Department of Environmental Protection (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 14, 2022, Mr. Herman requested, “…copies of any and all communications related to [his] inquiries regarding [named person] appearing in a sponsored ad in The Boston Globe paid for by Philip Morris.” Mr. Herman later modified his request to include, “…copies of any and all communications related to [his] inquiries regarding [named person] appearing in a sponsored ad in The Boston Globe paid for by Philip Morris. Communications include, but are not limited to, emails, text messages, letters, memoranda, faxes, and/or notes.” Claiming to not yet have received a response, Mr. Herman petitioned this office, and this appeal, SPR22/0241, was opened as a result. Subsequently, I learned that the Department provided Mr. Herman with a response dated February 4, 2022. Where the basis of this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Mr. Herman may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, .fJ l . ~ ~ _ ~ --· 0. . ~ Rebecca S. Murray Supervisor of Records cc: Colman Herman 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