Mary-Ellen Manning v. Department of Developmental Services (SPR 20230150)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 6, 2023 SPR23/0150 Gabriella Eisner, Esq. Assistant General Counsel Acting Records Access Officer Executive Office of Health and Human Services Department of Developmental Services 1000 Washington Street Boston, MA 02118 Dear Attorney Eisner: I have received the petition of Attorney Mary-Ellen Manning appealing the response of the Department of Developmental Services (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 9, 2022, Attorney Manning requested, among other items, the following: (1) The total number of occupied Department ... group home beds located in the City of Peabody from 2017 to the present; . . . (3) All correspondence including emails from the Department of Developmental Services to the City of Peabody and to the Department of Housing and Community Development conveying the total number of occupied Department ... group home beds located in the City of Peabody from 2017 to the present. The Department responded on January 24, 2023, withholding records responsive to Part 1 of the request, and providing numerous records in redacted form responsive to Part 3 of the request. Unsatisfied with the Department’s response, Attorney Manning appealed, and this case was opened as a result. Based on a telephone conversation between this office and an attorney for the Department on February 1, 2023, I understand that the Department intends to provide a supplemental response to Attorney Manning. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its regulations within ten business days. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Attorney Manning may appeal the substantive nature of the Department’s supplemental 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

Gabriella Eisner, Esq. SPR23/0150 Page 2 February 6, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Mary-Ellen Manning, Esq.