Todd Wallack v. Executive Office of Public Safety and Security - Department of State Police (SPR 20160897)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords October 25, 2016 SPR16/897 Department of State Police Office of the Chief Legal Counsel 4 70 Worcester Road Framingham, MA 01702 Dear Office of the Chief Legal Counsel: I have received the petition of Todd Wallack of The Boston Globe appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr Wallack requested a copy of "the Department's log/list of public records requests" for all years readily available. Previous appeals This request was the subject of previous appeals and determinations. See SPRl 5/246 Determination of the Supervisor of Records (May 14, 2015); SPR15/501 Determination of the Supervisor of Records (August 21, 2015); SPR15/836 Determination of the Supervisor of Records (December 31, 2015; May 13, 2016); SPR15/704 Determination of the Supervisor of Records (September 19, 2016); SPR15/815 Determination of the Supervisor of Records (October 18, 2016). In response to my administrative order, the Department provided a representative sample record for an in camera review. See 950 C.M.R. 32.08(6) (Supervisor may require an inspection of the requested record(s) in camera during any investigation or proceeding initiated pursuant to 950 C.M.R. 32.08). Subsequent to this review I indicated in my October 18 determination that I would decline to reverse my finding that the fee estimate for the provision of responsive records is compliant with the Public Records Law and its Access Regulations (Regulations). Request for clarification Subsequent to this decision, Mr. Wallack requested this office "clarify a few points in [my] decision." Specifically, Mr. Wallack asks (1) "[h]ow much did the Supervisor determine the agency can reasonably charge for the documents?" (2) [h]ow much time did the Supervisor One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Office of the Chief Legal Counsel SPR16/897 Page2 October 25, 2016 determine it would reasonably take to redact the documents based on its in camera review? (emphasis added) and (3) "[h]ow many pages does the document contain?" Mr. Wallack may refer to the determinations referenced above to find this office's findings regarding the Department's compliance with the Public Records Law and its Regulations as it relates to his request. I decline to opine further. If Mr. Wallack is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). cc: Mr. Todd Wallack