Peter Vickery, Esq. v. Department of Public Health (SPR 20222152)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 29, 2022 SPR22/2152 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108-4619 Dear Ms. Rush-Lloyd: I have received the petition of Peter Vickery, Esq., of Bobrowski & Vickery, LLC, appealing the nonresponse of the Department of Public Health (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 4, 2022, Attorney Vickery requested a copy of all records pertaining to “[t]he number of COVID-19 breakthrough cases ... from July 6, 2022, to the date of your response.” Claiming to not yet have received responsive records, Attorney Vickery petitioned this office and this appeal, SPR22/2152, was opened as a result. Subsequently, I learned that the Department provided Attorney Vickery with a response dated September 27, 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. Attorney Vickery may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Peter Vickery, 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