Colman Herman v. Department of Conservation and Recreation (SPR 20231033)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 26, 2023 SPR23/1033 Michael Tencellent, Esq. Records Access Officer Office of the General Counsel Department of Conservation and Recreation 251 Causeway Street Boston, MA 02114 Dear Attorney Tencellent: I have received the petition of Colman Herman 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 26, 2023, Mr. Herman requested “…copies of any and all communications involving the Paragon Carousel and/or the Friends of the Paragon Carousel for the period January 1, 2022 to the present.” Claiming to not yet have received responsive records, Mr. Herman petitioned this office and this appeal, SPR23/1033, 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. Herman with a response to his 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. Herman 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: 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