Wallack, Todd v. District Attorney of Suffolk County (SPR 20150064)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams April 14, 2015 Supervisor ofR ecords SPRlS/064 Mr. Michael Lafleur, Esq. Suffolk County District Attorney's Office One Bullfinch Place, Suite 300 Boston, MA 02114 Dear Attorney Lafleur: I have received the petition of Todd Wallack of the Boston Globe appealing the nonresponse of the Suffolk County District Attorney's Office (Office) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Wallack requested a copy of the data contained within the computer system your office uses to track criminal court cases. Having received no response, Mr. Wallack petitioned this office. In telephone conversations with members of my staff the Office acknowledged receiving the request, but failed to meet its burden in providing a response to a request for public records. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. 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. I find the Office has failed to respond to a request for public records. The Office was provided with not only Mr. Wallack's request, but also an acknowledgment from this office dated February 4, 2015 providing an appeal number and notice that a public records appeal had been opened by this office. My office has been assured by other Office staff members that a response was imminent. Accordingly, the Office is hereby ordered, within ten (10) days, to review the request made by Mr. Wallack and provide a written response to Mr. Wallack, made in accordance with the Public Records Law, its Access Regulations and this order. This administrative appeal is now closed. cc: Mr. Todd Wallack One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre