Barabino, Esq., William v. Lynnfield, Town of - Police Department (SPR 20150701)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 16, 2015 SPRlS/701 Chief David I. Breen Lynnfield Police Department 55 Summer Street Lynnfield, MA 01940 Dear Chief Breen: I have received the petition of Mr. William J. Barabino appealing the nomesponse of Town of Lynnfield- Police Department (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Barabino requested all Lynnfield Police Department records "within the last 5 years containing the tags or identifiers of the following: Anthony Fessenden, Giacchetti, Alexa Giacchetti, and 5224 Cranbrook Way." Having received no response, Mr. Barabino 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 (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. 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. Subsequent to the intervention by a member of my staff, this office was notified by Ms. Diane Williams from the Records Department of the Lynnfield Police Department that a response was provided, dated September 20, 2015. Whereas this matter was opened based upon the Town's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Barabino may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(2). Supervisor ofRecords cc: Mr. William I. Barabino, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Pale (617) 727-5914 www.sec.state.ma. us/pre