Memorial Drive Aftermath

Ian Hunt-Isaak filed this request with the Executive Office of Energy and Environmental Affairs of Massachusetts.
Submitted Sept. 11, 2023
Status
Awaiting Acknowledgement

Communications

From: Ian Hunt-Isaak

Subject: Massachusetts Public Records Law Request: Memorial Drive Aftermath

Email

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

- Emails sent or received between July 24, 2023 to August 1, 2023 (inclusive) containing the any of the following search terms (with any capitalization and without quotes): "Marjorie", "Decker", "Memorial", "Riverbend", "DCR"
- Emails sent to or received from State Rep Marjorie Decker or her aides between July 24, 2023 to August 1, 2023 (inclusive)
- Logs of calls made or received by Secretary Tepper on July 24, 25th, and 26th. Including: The date and time the call occurred, call length and the phone number that called or was called. Including calls that were received by a general line or aide that were then transferred or otherwise passed to Secretary Tepper

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Ian Hunt-Isaak

From: Ian Hunt-Isaak

Subject: RE: Massachusetts Public Records Law Request: Memorial Drive Aftermath

Email

Hello,

I am disappointed to not have received a response of any kind (including even an acknowledgement) after far more than the legally required ten business days. Lacking a response I plan on initiating an appeal next week. This on the basis of the public records law, which, as you may know requires that:

"If the RAO intends to produce records and is able to do so within 10 business days, it must “at reasonable times and without unreasonable delay” permit inspection or furnish a copy of any public record not later than 10 business days following the receipt of the request.9 The RAO must do so provided that:
(i) the request reasonably describes the public record sought;
(ii) the public record is within the possession, custody or control of the agency or municipality that the records access officer serves; and
(iii) the records access officer receives payment of a reasonable fee as set forth in subsection (d) of G. L. c. 66, § 10.10

If the agency or municipality does not intend to produce records, or if it is unable to produce records within 10 business because the magnitude or difficulty of the request or if multiple requests from the same requestor unduly burdens the other responsibilities of the agency or municipality, the agency or municipality must provide a written response to the requestor within 10 business days of receiving the request.

(from https://www.sec.state.ma.us/divisions/public-records/download/guide.pdf)

Thank you,
Ian

Files

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