Ryan P. Gilday, Esq. v. Boston, City of - Police Department (SPR 20161246)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 30, 2016 SPR16/1246 Nicole I. Taub, Esq. Boston Police Department Office of the Legal Advisor One Schroeder Plaza Boston, MA 02120 Dear Attorney Taub: I have received the petition of Attorney Ryan Gilday appealing the nomesponse of City of Boston-Police Department (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Gilday requested copies of records pertaining to a case for a client. Having received no response, Attorney Gilday 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 (10) 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 understand that a member of my staff has provided a copy of this file to the Department. I find the Department has failed to respond to a request for public records. Accordingly, the Department is hereby ordered to provide Attorney Gilday with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. A 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

Nicole I. Taub, Esq. SPR16/1246 Page 2 December 30,2016 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. Very truly yours, Rebecca S. Murray Supervisor of R~cords cc: Ryan Gilday, Esq., LT. Mike McCarthy