Maya Shaffer v. Office of the District Attorney - Hampden District (SPR 20160360)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords June 10,2016 SPR16/360 Ms. Maida Wassermann, Esq. Assistant District Attorney Office of the District Attorney-Hampden County Hall of Justice 50 State Street, 3'd Floor Springfield, MA 01102 Dear Attorney Wassermann: I have received the petition of Maya Shaffer of The Bay State Examiner appealing the nonresponse of the Office of the District Attorney-Hampden County (District Attorney) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically and through District Attorney Anthony Gulluni's Face book page Ms. Shaffer requested a copy of the repmi related to a specific incident and investigation. Having received no response through the Face book page, Ms. Shaffer petitioned this office. While 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, the District Attorney's Office does not use a Face book page as a vehicle for receipt of public records requests. Thus, the request was not received. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. Ms. Shaffer also stated in her Face book request that the District Attorney provide her with an itemized list of all documents that her request applies to, and that the District Attorney wa1ve all. applicable fees in the Public Records Law. The Public Records Law has no requirement to provide an itemized list of documents that apply to a request, nor is there a requirement that the custodian waive fees under the Public Records Law. This office suggests that. custodians consider waiving fees when possible and where the records are of interest to the public-at-large, however this office may not mandate that a custodian do so. In a telephone conversation with you on June 3, an attorney on my staff was informed that the District Attorney does not utilize Face book to receive requests under the Public Records Law. The Face book page is simply used to disseminate general, public relations information. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Maida Wassermann, Esq. SPR16/360 Page2 June 10, 2016 It is my understanding the District Attorney accepts public records requests from requesters in the following manner: • In-person or through postal mail to the 50 State Street, Springfield, MA address or • Via the District Attorney's Official Office Website: http://hampdenda.com and Click: Contact Us (Media Requests). I find that the District Attorney has complied with the tenets in the Public Records Law. Accordingly, I advise Ms. Shaffer to either make her public records request in-person, in a letter sent by postal mail to the District Attorney's State Street address, or make a request through the District Attorney's Official Office website. This adm" istrative appeal is now closed. illiams cc: Ms. Maya Shaffer