James Pollack v. Department of Conservation and Recreation (SPR 20230918)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 19, 2023 SPR23/0918 Michael Tencellent, Esq. Records Access Officer Department of Conservation and Recreation 251 Causeway Street, 9th Floor Boston, MA 02114 Dear Attorney Tencellent: I have received the petition of James Pollack appealing the nonresponse of the Department of Conservation and Recreation (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 7, 2023, Mr. Pollack requested “... all public records related to Department's decision to restrict Memorial Drive closures to Sunday. This initiative is also known as Riverside Park.” Claiming to not yet have received responsive records, Mr. Pollack petitioned this office and this appeal, SPR23/0918, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. Pollack with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Pollack 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: James Pollack 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