Daniel J. Ashby v. Division of Occupational Licensure (SPR 20232231)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 26, 2023 SPR23/2231 Jean McCarthy Records Access Officer Division of Occupational Licensure Office of Public Safety and Inspections 1000 Washington Street, Suite 710 Boston, MA 02118 Dear Ms. McCarthy: On September 19, 2023, this office received your petition on behalf of the Division of Occupational Licensure (Division) seeking permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the City furnished a copy of the petition to the requestor, Attorney Daniel J. Ashby. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On September 5, 2023, Attorney Ashby, of Morrison Mahoney, LLP, requested “…all consent decrees, disciplinary actions, and similar actions taken by the Board of Registration of Real Estate Brokers and Salespersons against any entity from January 1, 2010, to the present date.” Subsequently, I learned that Attorney Ashby on September 19, 2023, agreed to the Division’s suggestion of “…[a] more efficient approach and focus on the records available for the past year first, so we can then evaluate if our request for records can be further narrowed … also if it is possible for you to exclude disciplinary actions/consent decrees etc. involving only continuing education problems, please feel free to do so.” Conclusion In light of the above, I find it is unnecessary to opine on the Division’s fee and time petition. Further, this office encourages Attorney Ashby and the Division to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii). 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

Jean McCarthy SPR23/2231 Page 2 September 26, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Daniel J. Ashby, Esq.