Susan T. Munford v. Plymouth County District Attorney's Office (SPR 20180343)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 30, 2018 SPRlS/343 Gail McK.enna, Esq. Assistant District Attorney- Records Access Officer Plymouth County District Attorney's Office 166 Main Street Brockton, MA 02301 Dear Attorney McK.enna: I have received the petition from Susan Munford appealing the nonresponse of the Plymouth County District Attorney's Office (DAO) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Ms. Munford states that she has not received a response from the DAO regarding all communication between the DAO and the Kingston Police Department regarding a termination and the sharing of those records. Ms. Munford also requested all documentation of the attorneys that received letters regarding the termination on October 13, 2017. Our office was made aware that a response was provided to Ms. Munford but it is unclear if it was provided in response to her clarification letter sent to the DAO. Appeal Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days ofreceipt of the request. G. L. c. 66, § 1O (a)-(b ). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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, § 1 O(a)(ii), (b )(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § lO(b)(iii). Order Accordingly, the DAO is ordered to review the requests made by Ms. Munford and provide a written response to Ms. Munford, made in accordance with the Public Records Law, its 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

Gail McKenna, Esq. SPRI8/343 Pg.2 March 30, 2018 Access Regulations and this order within ten business days. This administrative appeal is now closed. 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: Gail McKenna, Esq.