Thomas Greve v. Cape & Islands District Attorney's Office (SPR 20180007)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 19, 2018 SPRlS/0007 Tara Miltimore, Esq. Records Access Officer Cape and Islands District Attorney Office 3231 Main Street P.O. Box 455 Barnstable, MA 02630 Attorney Miltimore: I have received the petition of Thomas Greve appealing the response of the Cape and Islands District Attorney Office (DAO) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). On September 26, 2017, Mr. Greve requested copies of materials related to the investigation of an identified body discovered in Barnstable on May 17, 2003. On December 13, 2017, the DAO responded by providing a responsive report. Appeal Mr. Greve appealed the DAO's response believing "it highly unlikely that the report provided is the only responsive record in the Agency's custody." The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § 10(a )(ii), (b )(ii). The DAO must clarify whether it possesses any additional responsive records. Further, the DAO has a statutory requirement to "identify any records, categories of records or portions of records" that the DAO intends to withhqld, and "provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based." G. L. c. 66, § 1O (b )(iv). As such, the DAO must clarify whether it has any responsive records in its possession that it is withholding, including the exemptions claimed and specific reasons for the withholding. I understand a member of the Public Records Division contacted you about this matter. 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

Tara Miltimore, Esq. SPRlS/0007 Page 2 January 19, 2018 Conclusion Accordingly, the DAO is ordered to produce responsive records in its possession in a manner consistent with this determination, the Public Record Law, and its Regulations within ten business days. 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. Sincerely, Rebecca S. Murray Supervisor of Records cc: Tara Miltimore, Esq.