Memorial Drive Aftermath

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

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

Hi Yuna,

Thank you for the update. As you can imagine it's been frustrating being made to wait nearly 9 months so far.

> We are looking into the below but will need a bit more time

Can you please be specific with a time estimate. I've had to wait months at a time, despite follow ups, after similar statements from EEA regarding this request. For context here is the timeline of communications (and lack thereof) on this 262 day old request.

--- 2023 ---
Sept 11, 2023 - Request Submitted
November 1st - SPR23/2476 issued - EEA given 10 business days
November 30th - First response from EEA
December 13th - We agree on a revised set of search terms, as well that records will be produced on a rolling basis.

----2024 ----
January 17th - I ask for updates on when I can expect a response.
January 30th - I ask again after still having heard nothing
March 19th - Peter Mulcahy emails me and we discuss setting up a time to meet
April 1 - I follow up, no response
April 11th - Follow up schedule a meeting for the next day
April 12th : I meet with Peter Mulcahy and we discuss a more limited search to get results sooner
May 7th: Follow up - no response
May 14th: Follow up - no response
May 21st: Follow up - received a response
May 22nd - Your email above.

> to gather the relevant records.

I know that multiple internal searches have been performed for this request - at least 2 by Elizabeth Doherty and 1 (more recently) requested by Peter Mulcahy. Are you intending to start a new search or to use the results of these previous searches?

I appreciate that it takes time to review records, so I remain happy to discuss modifications of search terms. As well I would appreciate if responsive records could be returned to me on a rolling basis as they are reviewed.

Thank you,
Ian