Todd Wallack v. Executive Office of Public Safety and Security - Department of State Police (SPR 20160825)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 18,2016 SPR16/825 Ms. Jenniffer Migliaccio Massachusetts Department of State Police 470 Worcester Road Framingham, MA 01702 Dear Ms. Migliaccio: I have received the petition of Todd Wallack, of The Boston Globe, appealing the nonresponse of the Massachusetts Department of State Police to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, on August 26, 2016, Mr. Wallack requested the last two annual reports completed by the Department as well as other records. The Department sought clarification on two of the three items Mr. Wallack requested on September 2, 2016 and he responded. Despite our letter to you dated October 7, 2016 acknowledging the opening of this appeal, communication from Mr. Wallack and communication from a member of my staff, no further response has been provided. 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, § 10(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. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. Order I find the Department has failed to respond to a request for public records. Accordingly, the Department is hereby ordered to provide Mr. Wallack with a response to the request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. A OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. J enniffer Migliaccio SPR16/825 Page2 October 18,2016 copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. cc: Mr. Todd Wallack