Brendan McFeely v. Cannabis Control Commission (SPR 20240737)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 25, 2024 SPR24/0737 Michael P. Bergquist, Esq. Associate General Counsel Cannabis Control Commission Union Station 2 Washington Square Worcester, MA 01604 Dear Attorney Bergquist: I have received the petition of Brendan McFeely appealing the response of the Cannabis Control Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 4, 2023, Mr. McFeely requested the following: [A] copy of the department’s database of marijuana establishments including the agent’s first and last name, the agent’s title, agent’s home address, agent’s phone number, agent’s email address, name of the Marijuana establishment employing the agent, address of establishment, establishment license type and number, and date of application. This request was the subject of a previous appeal. See SPR24/0008 Determination of the Supervisor of Records (January 17, 2024). In my January 17th determination, I ordered the Commission to clarify its claims under Exemptions (c) and (n) for withholding responsive records. Subsequently, the Commission responded on January 31, 2024, reiterating its claims under Exemptions (c) and (n) to withhold the records. Unsatisfied with the Commission’s response, Mr. McFeely further appealed, and this case was opened as a result. Subsequent to the opening of this appeal, based on a telephone conversation between this office and the Commission on March 22, 2024, I understand that the Commission intends to provide a supplemental response to Mr. McFeely. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. McFeely may appeal the substantive nature of the Commission’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

Michael P. Bergquist, Esq. SPR24/0737 Page 2 March 25, 2024 Sincerely, Manza Arthur Supervisor of Records cc: Brendan McFeely