Public Log of complaints against JRC, 2016-2017

Evan Anderson filed this request with the Department of Developmental Services of Massachusetts.
Submitted Feb. 18, 2018
Status
Completed

Communications

From: Evan Anderson

Subject: Public Records Law Request: Public Log of complaints against JRC, 2016-2017

Fax

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

A copy of the Public Log for complaints filed against the Judge Rotenberg Educational Center in Canton, MA, for calendar years 2016 and 2017.

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.

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,

Evan Anderson

From:

Subject: Public Record Request - February 20, 2018

Email

Mr. Evan Anderson
Filed via MuckRock.com
Email: requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Anderson:

I am writing to acknowledge receipt of the facsimile you submitted to the Massachusetts Department of Developmental Services ("the Department" or "DDS") on Sunday, February 18, 2018 which was received by DDS during business hours on Tuesday, February 20, 2018. In your facsimile you requested, pursuant to the Massachusetts Public Records Law ("PRL"), M.G.L. c. 66, § 10, a copy of "the Public Log for complaints filed against the Judge Rotenberg Educational Center in Canton, MA, for calendar years 2016 and 2017." DDS will respond to your Public Record Request ("PRR") in accordance with the provisions of the PRL, subject to any applicable privileges or exemptions.

Department staff are in the process of reviewing your PRR to identify public records in its custody that are responsive to your request and subject to disclosure pursuant to the PRL. At this time, the Department does not anticipate there will be a fee for the cost of responding to your PRR. I will contact you as soon as possible with a fee estimate should it be necessary to assess a fee for the cost of responding.

I hope this information is helpful to you. If you wish to challenge any aspect of this response to your PRR, you may submit an appeal to the Supervisor of Public Records in the Office of the Secretary of the Commonwealth following the procedures set forth in 950 CMR 32.08. You may also seek judicial review by commencing a civil action in Suffolk Superior Court in accordance with M.G.L. c. 66, § 10A.

Very truly yours,

James Bergeron, Assistant General Counsel/
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118
(617) 624-7717

WARNING: This message and any attachments are intended only for the person(s) listed above and employees of the Massachusetts Department of Developmental Services, as applicable. The information contained herein may be confidential and/or privileged by law. If the reader of this message is not the intended recipient, you are hereby notified that any review, disclosure, copying, forwarding or disseminating of this transmission is STRICTLY PROHIBITED. If you have received this message in error, please notify the Department of Developmental Services Records Access Officer immediately and permanently delete this message and any attachments. Thank you.

From:

Subject: RE: Public Record Request - February 20, 2018

Email

Mr. Evan Anderson
Filed via MuckRock.com
Email: requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Anderson:

I am writing in response to the facsimile you submitted to the Massachusetts Department of Developmental Services ("the Department" or "DDS") on Sunday, February 18, 2018 which was received by DDS during business hours on Tuesday, February 20, 2018. In your facsimile you requested, pursuant to the Massachusetts Public Records Law ("PRL"), M.G.L. c. 66, § 10, a copy of "the Public Log for complaints filed against the Judge Rotenberg Educational Center in Canton, MA, for calendar years 2016 and 2017." DDS will respond to your Public Record Request ("PRR") in accordance with the provisions of the PRL, subject to any applicable privileges or exemptions.

Please find the attached file which includes electronic copies of all Public Logs for complaints involving the Judge Rotenberg Center for calendar years 2016 and 2017. Personal identifiers or other information which may reasonably identify specific individuals or clients of the Department have been redacted from the enclosed. Such information is confidential and exempt from the PRL. See M.G.L. c. 123B, § 17 and 115 CMR 4.06. See also M.G.L. c. 4, § 7(26)(a)(statutory exemption) and (c)(exemption for medical files or information); M.G.L. c. 66A, § 2 (Fair Information Practices Act); the Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule, 42 U.S.C. 1320d, et seq. and its implementing regulations, 45 CFR Parts 160 and 164.

I hope this information is helpful to you. The time spent responding to your PRR was less than four hours; therefore, there is no fee for the cost of responding to your request. If you wish to challenge any aspect of this response to your PRR, you may submit an appeal to the Supervisor of Public Records in the Office of the Secretary of the Commonwealth following the procedures set forth in 950 CMR 32.08. You may also seek judicial review by commencing a civil action in Suffolk Superior Court in accordance with M.G.L. c. 66, § 10A.

Very truly yours,

James Bergeron, Assistant General Counsel/
Records Access Officer
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118
(617) 624-7717

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