Wallack, Todd v. Executive Office of Public Safety and Security - Department of State Police (SPR 20150250)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 12,2015 SPRlS/250 Department of State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Legal Counsel: I have received the petition of Todd Wallack of the Boston Globe appealing the response of the Department of State Police (Department) 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 copies of all the daily police logs the Department has created for all barracks and years readily available. In a response date March 26,2015 the Department confirmed receipt ofhis request simply explaining that the Department might be sending a fee estimate and that any response will be subject to Exemptions to the Public Records Law. This appears to be a form letter type of response. No substantive response has been provided. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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, § lO(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 Town 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 Department has failed to properly respond to a request for public records. Accordingly, the Town is hereby ordered, within ten (10) days, to review the requests made by Mr. Wallack and provide to him a written response, made in accordance with the Public Records Law, its Access Regulations and this order. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Department of State Police SPR15/250 Page Two May 12,2015 This administrative appeal is now closed. Supervisor of Records cc: Mr. Todd Wallack