James W. Rosseel v. Massachusetts State Police (SPR 20180225)

The Commonwealth sf Massaehuset&s William Francis Galvin, Secretary of the Co~nrnonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 23,20 18 SPR181225 Alycia DeAngelis, Esq. Staff Counsel Department of State Police 470 Worcester Road Frarningham, MA 0 17 02 Dear Attorney DeAngelis: I have received the petition of Mr. James Rosseel appealing the nonresponse of the Department of State Police - Office of the Chief Legal Counsel (Department) to a request for public records. G. L. c. 66, 5 l0A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Rosseel requested records related to "the investigation of the Rolando Barros homicide." Claiming to not yet have received a response, Mr. Rosseel petitioned this office and ths appeal was opened as a result. Subsequent to the intervention by a staff member of the Public Records Division, I learned that the proper agent for handling public record requests never saw the inquiry. Nonetheless, after the Department was made aware of this appeal, a representative within the Department noted their willingness to provide Mr. Rosseel with a response. In this response, dated February 23,201 8, the Department notes that they do not have custody of the requested records, and refers Mr. Rosseel to the proper custodian. Accordingly, as the basis of this appeal was the Department's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Rosseel may appeal the substantive nature of the Department's response within ninety days. 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. James Rosseel One Ashburton Place, Room 1719, Boston, Massachusetts 02108 (61 7) 727-2832. Fax: (61 7) 727-5914 sec.state.ma.us/pre pre@sec.state.rna.us