Maya Shaffer v. Executive Office of Public Safety and Security - Department of State Police (SPR 20160361)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 10, 2016 SPR16/361 Mr. Michael Halpin, Esq. Chief Legal Counsel Department of State Police Legal Division 470 Worcester Road Framingham, MA 01702 Dear Attorney Halpin: I have received the petition of Maya Shaffer of The Bay State Examiner appealing the nonresponse of the Department of State Police (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Shaffer requested through the Department's Facebook page a copy of a record detailing how officers are to determine which vehicles are stopped at the checkpoint in Middlesex County. Having received no response through her Face book request, 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 (10) days of the request, the use of Face book to send a request to the Department is not the proper method to do so. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. Upon contact with one of the Department's staff attorneys by telephone on June 2, this office was informed that the Department does not utilize Face book to receive requests under the Public Records Law. The Department's Facebook page is used by its Media Relations Department to disseminate general information to the public. It is my understanding the Department accepts public records requests from requesters in the following manner: • Mailing them to General Headquarters, 470 Worcester Road, Framingham, MA 01702; • Faxing them to the Legal Section at (508)820-2649; • Emailing them to msplegal@massmail.state.ma.us; or • Completing the Public Records Requests Form found at: http://www .mass. govI e opssl agencies/msp/public-records-requests.html OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Michael Halpin, Esq. SPR16/361 Page 2 June 10, 2016 I find the Department has acted in compliance with the tenets of the Public Records Law and its Access Regulations. Accordingly, I advise Ms. Shaffer to send her request via postal mail, fax, email or by completing a request on the Department's dedicated page for making public records requests, as referenced above. This administrative appeal is now closed. a upervisor of Records cc: Ms. Maya Shaffer