Wallack, Todd v. Office of the District Attorney - Berkshire District (SPR 20150062)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords March 26, 2015 SPRlS/062 Mr. Joseph A. Pieropan, Esq. Assistant District Attorney Berkshire District Attorney's Office 7 North Street P.O. Box 1969 Pittsfield, MA 01202 Dear Attorney Pieropan: I have received the petition of Todd Wallack of the Boston Globe appealing the nonresponse of the Berkshire District Attorney's Office (Office) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Wallack requested a copy of the data contained within the computer system that the Office uses to track criminal court cases. Having received no response, Mr. Wallack petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The Office is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of my staff, this office was notified that a response was provided, dated March 20, 2015. Whereas this matter was opened based upon the Office's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Wallack may appeal the substantive nature ofth Office's response within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Mr. Todd Wallack OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre