James P. McKenna, Esq. v. Office of the District Attorney - Suffolk County (SPR 20160480)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams July 18, 2016 Supervisor ofR ecords SPR16/480 Ms. Dara Z. Kesselheim Assistant District Attorney Suffolk County District Attorney's Office One Bulfinch Place Boston, MA 02114 Dear Ms. Kesselheim: I have received the petition of Mr. James P. McKenna, Esq. appealing the nonresponse of the Suffolk County District Attorney's Office (Office) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. McKenna requested several records related to the Massachusetts Inspector General's February 2, 2016 report relating to the Hinton Drug Laboratory. Having received no response, Mr. McKenna 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 ten-day provision is a maximum, rather than a minimum, time frame for complying with a public records request. 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 a response was provided dated July 8, 2016. Accordingly, whereas this matter was opened based upon the Office's failure to provide a written response, I will now consider this administrative appeal closed. Mr. McKenna may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(2). Very truly yours, :s:ey~ Shawn A. Williams Supervisor of Records cc: Mr. James P. McKenna OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre