Barry, Richard v. Office of the District Attorney - Cape & Island District (SPR 20140607)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 20, 2015 SPR14/607 Ms. Sharon J. Thibeault, Esq. Assistant District Attorney Office of the District Attorney Cape & Islands District 3231 Main Street P.O. Box 455 Barnstable, MA 02630 Dear Attorney Thibeault: I have received the petition ofRichard Barry appealing the response ofthe Office of the District Attorney- Cape & Islands District (DAO) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Barry requested four categories of records. The first two requests relate to the Law Enforcement Trust Fund. The third is for records related to the O'Keefe Attorney Fund, Type V Segregated Account #50007. The fourth category for records relate to the DAO 2015 budget. In letters dated September 25, October 1 and October 6, 2014 you provided responses to these requests. In your September 25 letter you provided the Law Enforcement Trust Fund and 2015 budget records. You also indicated that the DAO has no records regarding the O'Keefe Attorney Fund. In your October 1 letter you provided additional Law Enforcement Trust Fund records, further explaining that additional records would be provided as they become available. In your October 6 letter you provided still more records related to the Law Enforcement Trust Fund, further explaining that remaining expenditures for that fund would not be available "until the annual February 2015 filing deadline." In his October 7 appeal petition Mr. Barry states his belief that the DAO "did not provide the requested information." Mr. Barry also appeared in his petition to appeal requests that were not detailed in his original request, seeking information on "where the money was spent and amount spent for each transaction in the 'Other Law Enforcement Purposes' from 2008 to present." Finally, in his appeal petition Mr. Barry noted that he seeks "detailed copy of the line item budget for fiscal 20 15." This last item does reflect the fourth i tern in his original request. My understanding is that a member of my legal staff provided a copy of this letter to you. One Ashburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Sharon J. Thibeault, Esq. SPR14/607 Page Two January 20, 2015 After your review of the appeal file you provided a letter to my office dated December 8, 2014. In that letter you stated your belief that you had complied with all but one part of Mr. Barry's request. The materials provided previously, as you state in your letter, include the line item budget referenced in request four and in Mr. Barry's petition to this office for appeal. You further explain that an organization called the Massachusetts District Attorney's Association provides more detailed information regarding line item budgets, further suggesting that Mr. Barry could request that additional detail from that organization directly if he so wished. As for the other information referenced in Mr. Barry's appeal you explained that the Law Enforcement Trust Fund "is comprised of forfeited funds." You explained that the requested filings "have previously been provided" to Mr. Barry. With respect to what Mr. Barry characterized as a request for "where the money was spent," you surmise that this is in fact a new request for records. I agree. Accordingly, whereas the DAO has provided copies of all records that exist and that are in the custody of the DAO, and further whereas in his appeal Mr. Barry has in essence made a new request for records, I will consider this administrative appeal closed. Mr. Barry is advised that he may make a new request to the DAO for the records e referenced in his appeal letter to this office. If so, the DAO must respond to this request wit in ten (1 0) days. This administrative appeal is now closed. · cc: Mr. Richard Barry