Wallack, Todd v. Executive Office of Public Safety and Security - Department of State Police (SPR 20150501)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams August 21,2015 Supervisor ofR ecords SPRlS/501 Ms. Jaclyn R. Zawada, Esq. Department of State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Attorney Zawada: 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 is appealing the response provided by the Department as a result of a previous order from this office. See SPR15/246 Determination of the Supervisor of Records (May 14, 2015). In that Determination I found that The Department's March 10 fee estimate, while very detailed, lacked confirmation that the Department intended to the use the lowest paid employee who is capable of performing the task of search and segregation. Further, that the Department provided no explanation to justify hundreds of hours of review of a log detailing requests for public records. In the Department's May 27,2015 response you confirmed that fee estimate was based on lowest paid employee who is capable of performing the task. Accordingly, this portion of the appeal is now closed. I find that the Department still has not justified why it should take hundreds of hours to search for and segregate a log that is "readily available" which details requests for public records. Accordingly the Department is hereby ordered to provide Mr. Wallack with a revised, written, good faith fee estimate for the provision of the records responsive to his request. __,._.,.,,,""n A. Williams Supervisor of Records cc: Mr. Todd Wallack OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre