Judd Peskin, Esq. v. Executive Office of Public Safety & Security (SPR 20160165)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 16, 2016 SPR16/165 Ms. Shannon Hickey, Esq. Executive Office ofPublic Safety and Security One Ashburton Place, Room 2133 Boston, MA 02108 Dear Attorney Hickey: I have received the petition of Judd Peskin appealing the nonresponse of the Executive Office of Public Safety and Security-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. Peskin requested an "investigative report prepared by the State Police" concerning his client Shawn Rooney regarding an incident occurring on November 30, 2015. Having received no response, Mr. Peskin 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. 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. Pam Raugenberg, Paralegal from the Massachusetts State Police Legal Section on March 15, 2016 that this matter was brought to your attention and Department intends to provide a written response. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Peskin may appeal the substantive nature of the Department'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. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Shannon Hickey, Esq. SPR16/165 Page2 March 16, 2016 Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. 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 for further information. illiams cc: Mr. Judd Peskin, Esq.