Weessam Dennaoui v. Department of Public Health (SPR 20250619)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 18, 2024 SPR25/0619 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Weessam Dennaoui appealing the response of the Department of Public Health (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 20, 2024, Mr. Dennaoui requested the following: [1] Copies of all voluntary agreements not to practice related to Board of Pharmacy complaints against individual licenses handled by RPh investigator [a named individual] and executed by board counsel… between December 1, 2023, and April 30, 2024. [2] Summary Suspension - Docket No. PHA 2024-0071 [a.] Records of any legal opinions, meeting minutes, and discussions related to the necessity and justification of summary suspension, including the case presentation. [b.] Copies of Standard Operating Procedures (SOPs) followed during the investigation, complaint process, and summary suspension, if applicable. [c.] Internal communications (emails, memos, Teams messages) between board members, investigators, and legal counsel related to this case, which have not been shared with the licensee or their counsel . . . . [d.] Follow-up communications regarding the investigation of allegations post-summary suspension. [e.] Specific time and reasoning for the staff assignment change from investigation case INV10538 to formal complaint PHA 2024-0071, including internal communications or documentation explaining this decision. On September 17, 2024, Mr. Dennaoui clarified his request and stated, “I am refining my request to seek communications (emails, Teams messages, memoranda) between triage 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

Helen Rush-Lloyd SPR25/0619 Page 2 March 18, 2025 committee members, OPP administrative staff, OPP investigators, investigations supervisor, and any non-exempt communication with board counsel, regarding INV-10538, case 2024-1388, or formal complaint PHA-2024-0071, for the periods 03/23/24 to 04/10/2024 and 04/24/24 to 05/03/2024.” Prior Appeals This request was the subject of prior appeals. See SPR24/2679 Determination of the Supervisor of Records (October 4, 2024) and SPR24/3198 Determination of the Supervisor of Records (December 11, 2024). In my December 11th determination, I found that the Department did not identify the records in its possession that it intends to withhold from disclosure under Exemption (f) and must clarify how the records, in their entirety, can be withheld under Exemption (f). Further, I found find that the Department did not meet its burden to withhold records under the attorney-client privilege. The Department provided a response on January 23, 2025. Unsatisfied with the Department’s response, Mr. Dennaoui petitioned this office and this appeal, SPR25/0619, was opened as a result. It is my understanding that the Department intends on providing a further response to Mr. Dennaoui. Accordingly, the Department is ordered to provide Mr. Dennaoui with said response in a manner consistent with the Public Records Law and its Regulations within 10 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. Mr. Dennaoui may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Weessam Dennaoui