Herman, Colman v. Director, Office of Media Relations (SPR 20140387)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 19,2014 SPR14/387 Ms. Nicole I. Taub, Esq. Office of the Legal Advisor Boston Police Department One Schroeder Plaza Boston, MA 02120-2014 Dear Attorney Taub: I have received the petition of Colman M. Herman appealing the response of the Boston Fire Department (Department) and the Inspectiona1 Services Department (ISD) to his requests for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Mr. Herman requested a copy of all records related to D & JIron Works, Giuseppe Falcone, Joseph Falcone and/or Oliver Realty Trust. Department Response In an email dated April27, 2014 Mr. Herman requested records from the Department. In an email dated May 21, 2014 Firefighter/Public Information Officer Steve MacDonald responded to Mr. Herman's request. It is important to note that the Department's response was not made in compliance with the timeliness requirements of the Public Records Law and its Access Regulations. Firefighter MacDonald's response is dated May 21, 2014, twenty-four days after Mr. Herman's request. G. L. c. 4, § 7 (26); 950 C.M.R. 32 et seq. A record custodian must comply with a public records request as soon as is practicable, without unreasonable delay, and always within ten (10) calendar days. G. L. c. 66, § 10(a); 950 C.M.R. 32.05(2). The Department is advised that all responses to requests for public records must be made in compliance with the timeliness requirement of the Access Regulations. In his response Firefighter MacDonald explained that the records requested are directly related to an ongoing criminal investigation involving the parties identified above. G. L. c. 4, § 7(26)(f). Records that may ordinarily be subject to disclosure may be withheld if a custodian demonstrates the application of an exemption to the Public Records Law. As confirmed to me in a September 17, 2014 telephone conversation with Firefighter MacDonald the parties identified in Mr. Herman's request are the subjects of an ongoing criminal investigation. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Nicole I. Taub, Esq. SPR14/387 Page Two September 19, 2014 ISD Response In your April 28, 2014 response you also cited the investigatory exemption to deny Mr. Herman's request for records on behalf of lSD. Based upon review of the Department's response, I find that lSD properly withheld any records related to the above named parties during the criminal investigation. Conclusions Whereas I find that both the Department and lSD are permitt to withhold records related to a criminal investigation, this administrative appeal is los d. cc: Mr. Colman Herman