Gennaro Pirone v. Braintree, Town of - Police Department (SPR 20161036)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords November 29, 2016 SPR16/1036 ChiefRussell Jenkins Braintree Police Department 282 Union Street Braintree, MA 02184 Dear Chief Jenkins: I have received the petition of Gennaro Pirone appealing the nonresponse of the Braintree Police Department (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Pirone requested records regarding the towing of a specifically identified motor vehicle. Despite our letter to you dated November 14, 2016 acknowledging the opening ofthis appeal and a November 23,2016 voicemail message left for you by a member of my staff, no 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 (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. All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. I find the Department has failed to respond to a request for public records. Accordingly, the Department is hereby ordered to provide Mr. Pirone with a response to the request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. A 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: Gennaro Pirone Deputy Chief Wayne Foster 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