Melissa A. Celli, Esq. v. Office of the District Attorney - Plymouth District (SPR 20160725)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 16, 2016 SPR16/725 Ms. Gail M. McKenna Esq. Plymouth District Office of the District Attorney 32 Belmont Street Brockton, MA 02301 Dear Attorney McKenna: I have received the petition ofMelisa Allen Celli, Esq., appealing the response of Plymouth District Office of the District Attorney (DAO) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Celli made six (6) requests for copies of records regarding: one (1) Brockton Police Detective; two (2) District Attorneys: and three (3) State Police Officers. This request was the subject of a previous appeal. See SPR 16/369 Determination of the Supervisor of Records (June 16, 2016). In Determination SPR16/369 I found the DAO had failed to respond to a request for public records. The DAO was ordered to: 1. provide Attorney Celli with a response to her requests, provided in a manner consistent with that order, the Public Records Law and its Regulations; 2. to do a full and thorough search of its records, identify and provide any and all records responsive to Attorney Celli's request and; 3. if the DAO intends to withhold any of the responsive records the DAO must provide Attorney Celli with a detailed explanation with specificity, how a particular exemption applies to each record, along with a custodial index. See 950 C.M.R. 32.07(7). In a response to Determination SPR 16/369 dated June 30, 2016, the DAO again denied all of Attorney Celli's requests in their entirety. The June 30 response to Attorney Celli by the DAO did not contain the specificity required in a denial of access to public records. To comply with the specificity requirement a records custodian must cite an exemption, and specifically explain the applicability of the exemption to the requested records. Order I find the DAO has again failed to respond to a request for public records. Accordingly, the DAO is hereby ordered to comply with Determination SPR16/369 by providing Attorney Celli with a response to the requests, provided in a manner consistent with that order, the Public 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. SPR16/725 Page2 September 16, 2016 Records Law and its Regulations. Specifically, the DAO is ordered to conduct a full and thorough search of its records, identify and provide any and all records responsive to Attorney Celli's request, if the DAO intends to withhold any of the responsive records the DAO must provide Attorney Celli with a detailed explanation with specificity, how a particular exemption applies to each record, along with a custodial index. See 950 C.M.R. 32.07(7). cc: Ms. Melissa A. Celli, Esq.