Andrew Gottlieb v. Massachusetts National Guard (SPR 20231659)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 31, 2023 SPR23/1659 Timothy Cullen Massachusetts Army National Guard Office of the Staff Judge Advocate 50 Maple Street Milford, MA 01757-3604 Dear Mr. Cullen: I have received the petition of Andrew Gottlieb, of the Association to Preserve Cape Cod, appealing the nonresponse of the Massachusetts National Guard (Guard) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 22, 2023, Mr. Gottlieb requested the following records: [1] All documents, including, but not limited to, e-mails, letters, and drafts of same from [an identified person] to the Office of the Governor of the Commonwealth of Massachusetts, any Executive Office of the Commonwealth of Massachusetts, any member of the Massachusetts Legislature or their staff, any member of the United States House of Representatives or their staff, and any member of the United States Senate or their staff relating to the utilization of all or any portion of Joint Base Cape Cod (herein after “JBCC”) for housing of any type. [2] All documents, including, but not limited to, e-mails and letters to [an identified person] from the Office of the Governor of the Commonwealth of Massachusetts, any Executive Office of the Commonwealth of Massachusetts, any member of the Massachusetts Legislature or their staff, any member of the United States House of Representatives or their staff, and any member of the United States Senate or their staff relating to the utilization of all or any portion of JBCC for housing of any type. [3] All documents, including, but not limited to, e-mails and letters, and drafts of same from any person associated with JBCC to the Office of the Governor of the Commonwealth of Massachusetts, any Executive Office of the Commonwealth of Massachusetts, any member of the Massachusetts Legislature or their staff, any member of the United States House of Representatives or their staff, and any 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

Timothy Cullen SPR23/1659 Page 2 July 31, 2023 member of the United States Senate or their staff relating to the utilization of all or any portion of JBCC for housing of any type. [4] All documents, including, but not limited to, e-mails and letters to any person associated with JBCC from the Office of the Governor of the Commonwealth of Massachusetts, any Executive Office of the Commonwealth of Massachusetts, any member of the Massachusetts Legislature or their staff, any member of the United States House of Representatives or their staff, and any member of the United States Senate or their staff relating to the utilization of all or any portion of JBCC for housing of any type. [5] All documents, including, but not limited to, e-mails, letters, and drafts of same from any person associated with the Massachusetts National Guard to the Office of the Governor of the Commonwealth of Massachusetts, any Executive Office of the Commonwealth of Massachusetts, any member of the Massachusetts Legislature or their staff, any member of the United States House of Representatives or their staff, and any member of the United States Senate or their staff relating to the utilization of all or any portion of JBCC for housing of any type. [6] All documents, including, but not limited to, e-mails, letters, and drafts of same to any person associated with the Massachusetts National Guard from the Office of the Governor of the Commonwealth of Massachusetts, any Executive Office of the Commonwealth of Massachusetts, any member of the Massachusetts Legislature or their staff, any member of the United States House of Representatives or their staff, and any member of the United States Senate or their staff relating to the utilization of all or any portion of JBCC for housing of any type. Claiming to not yet have received responsive records, Mr. Gottlieb petitioned this office and this appeal, SPR23/1659, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Guard has provided a response. Accordingly, the Guard is ordered to provide Mr. Gottlieb 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. Gottlieb may appeal the substantive nature of the Guard’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Andrew Gottlieb