Michael Gordon v. Department of State Police - Office of the Chief Legal Counsel (SPR 20170254)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 27, 2017 SPR17/254 Sean W. Farrell, Esq. Massachusetts Department of State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Attorney Farrell: I have received the petition of Michael Gordon appealing the response of the Massachusetts Department of State Police (Department) to a request for public records. G. L. c. 66 § 1 OA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Gordon requested nine (9) records relating to a seizure of cash. The Department responded to Mr. Gordon's request outlining and numbering the nine (9) records. Mr. Gordon appealed to this office stating the Department's response "is not together in a correlated manner." The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Conclusion Upon review, I find the Department did provide Mr. Gordon with a response to the request addressing each record within ten (10) business days as required by the Public Records Law and its Regulations. I therefore consider this administrative appeal closed. Mr. Gordon may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Sean W. Farrell, Esq. SPR17/254 Page 2 February 27, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Gordon