Christian Baillet v. Plymouth County District Attorney's Office (SPR 20160118)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 9, 2016 SPR16/118 Ms. Gail M. McKenna, Esq. Office of the District Attorney, Plymouth District 32 Belmont Street Brockton, MA 02301 Dear Attorney McKenna: I have received the petition of Attorney Christian Baillet appealing the nonresponse of the Office of the District Attorney, Plymouth District (Office) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Baillet requested records in the Office's possession pertaining to the policy and procedures of victim witness advocates. Having received no response, Attorney Baillet 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 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 Office 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 you responded to Attorney Baillet by phone on January 29, 2016 and discussed a fee estimate for the requested records. In addition you provided a response dated March 1, 2016. Whereas this matter was opened based upon the Office's failure to provide a written response, I will now consider this administrative appeal closed. Attorney Baillet may appeal the substantive nature of the Office's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is 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

Ms. Gail M. McKenna, Esq. SPR16/118 Page 2 March 9, 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 r f he · formation. cc: Mr. Christian Baillet, Esq.