Herms, James v. Executive Office of Public Safety and Security - Department of State Police (SPR 20150887)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 10,2015 SPRlS/887 Ms. JaclynR. Zawada, Esq. Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Zawada: I have received the petition of James Herms appealing the nonresponse of the Massachusetts Department of State Police (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Herms requested copies ofthe Form 1-706 data (monetary value of property stolen and recovered) that the Department had received from the police agencies of three specifically identified learning institutions. Having received no response, Mr. Herms 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 ofthe 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 Department 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 December 9, 2015. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed provided the Department produces the requested records. Mr. Herms may appeal the substantive nature of the Department's response within ni ty (90) days. See 950 C.M.R. 32.08(2). cc: Mr. James Herms OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre