Brian E. Smith v. Office of the District Attorney - Middlesex District (SPR 20160782)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 29,2016 SPR16/782 Ms. Kerry Kilcoyne, Esq. Middlesex District Attorney's Office 15 Commonwealth A venue Woburn, MA 01801 Dear Attorney Kilcoyne: I have received the petition of Brian Smith appealing the nonresponse of the Middlesex District Attorney's Office (Office) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Smith requested all records relating to an armed robbery which occurred in the City of Lowell. Having received no response, Mr. Smith 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 (1 0) days of the request. G. L. c. 66, § lO(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 that a response will be provided to Mr. Smith within seven (7) days. Whereas this matter was opened based upon the Office's failure to provide a written response, I will now consider this administrative appeal closed with the proviso that the response is sent as indicated by the Office. Mr. Smith may appeal the substantive nature of the Office's respo se within ninety (90) days. See 950 C.M.R. 32.08(2). cc: Mr. Brian Smith OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre