Rousseau, John v. Department of State Police - Station C-6, SP Holden (SPR 20150937)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 13, 2016 SPRlS/937 Mr. Glenn Rooney, Esq. Department of State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Attorney Rooney: I have received the petition of John Rousseau appealing the nonresponse of the Department of State Police (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Rousseau requested records related to a specifically identified incident that happened on July 15, 2007. Having received no response, Mr. Rousseau 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, § 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. In a telephone conversation with a member of my staff, you stated that a search for the responsive records has started and a response will follow. Whereas this matter was opened based upon the Department's failure to provide a written response, and further whereas the Department has indicated it will comply with the provisions of the Public Records Law with a proper response, I will consider this appeal closed with the proviso that the Department provides a response to Mr. Rousseau within ten (10) days. Mr. Rousseau may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist the Department in responding to requests for public records I have enclosed a copy of our publication, A Guide to the Massachusetts Public Records Law. This document is also available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Glenn Rooney, Esq. SPR15/937 Page 2 January 13, 2016 In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination fo urther in~rmation. Enclosure cc: Mr. John Rousseau