Proposed Changed to the structure of the Committee for Public Counsel
| Submitted | Jan. 27, 2011 |
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Communications
From: Michael Morisy
To Whom It May Concern:
Pursuant to the state Freedom of Information Act, G.L.M. c.4, €7, clause 26th, I hereby request the following records:
All documents produced between October 1, 2010 and January 27, 2011 in connection with the proposal to change the structure of the Committee for Public Counsel Services.
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, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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,
Michael Morisy
Filed via MuckRock.com
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From: Executive Office for Administration and Finance
Dear Mr. Morisy,
Our office has received your email (below), dated January 27, 2011, requesting copies of documents produced in connection with the proposal to change the structure of the Committee for Public Counsel Services. We are reviewing our records in order to compile any records that are responsive to your request. We will let you know as soon as we have assembled them.
If you have any questions, please let me know.
Janet B. Fogel
Deputy General Counsel
Executive Office for Administration and Finance
State House, Room 373
Boston, MA 02133
617-727-2040 x35356
617-727-9297 (direct)
617-727-2779 (fax)
Janet.Fogel@state.ma.us
From: Muckrock
Ms. Fogel,
Please advise as to the status of this request, which was submitted Jan. 27, 2011.
Thank you
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 27, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock
Hello,
This is my third request for an update as to the status of an FOIA request first filed with your agency on Jan. 27, 2011.
Can you please advise as the status of my request?
Thank you.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 27, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 27, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 27, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 27, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Kelly, Meghan M (ANF)
Dear Mr. Morisy,
In response to your below public records request for documents produced between October 1, 2010 and January 27, 2011 in connection with the proposal to change the structure of the Committee for Public Counsel Services (CPCS), we are providing the attached responsive documents.
Certain documents located in a search for documents responsive to your request have been withheld on the following bases. First, a number of documents are attorney-client privileged communication. The Supreme Judicial Court has held in no uncertain terms that attorney-client privileged documents are not subject to disclosure under the public records law. Suffolk Constr. Co. v. Div. of Capital Asset Mgmt., 449 Mass. 444, 450, 461 (2007). Second, a handful of documents did not fall within the ambit of the public records law. As the Supreme Judicial Court has recognized, records requested by and given to the Governor that advise him in carrying out his constitutional responsibilities are not subject to G.L. c. 66A. See Lambert v. Executive Director of the Judicial Nominating Council, 425 Mass. 406 (1997). Here, certain, limited documents were created at the Governor’s request to assist him in the annual filing of the statue budget, which, per Mass. Const. amend. art. 63, § 2, is his constitutional responsibility. See Teamsters Local Union No. 404 v. Secretary of Administration and Finance, 434 Mass. 651, 656 (2001), quoting Mass. Const. part 2, c. 2, § 1, art. 1 (The Governor, as the “‘supreme executive magistrate,’ may enlist aid from appropriate officials within the executive branch in connection with performing the duties conferred on him.”).
We have waived the costs associated with producing these documents. You may appeal this response to the Supervisor of Public Records pursuant to the procedures outlined in 950 CMR 32.08.
Sincerely,
Meghan Kelly
Deputy Communications Director
Executive Office of Administration and Finance
State House Room 373
(617) 727-2040 Ex. 35457
Cell: 617-549-3976
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