Colman Herman v. Berkshire District Attorney's Office (SPR 20181269)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 5, 2018 SPRlS/1269 Joseph A. Pieropan, Esq. Assistant District Attorney- Records Access Officer Berkshire District Attorney's Office PO Box 1969 - 7 North Street Pittsfield, MA 01202-1969 Dear Attorney Pieropan: I have received the petition from Colman Herman appealing the denial of the Berkshire 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). Mr. Herman made a public records request on August 12, 2018 to the DAO for "hard copies and electronic copies of any and all communications related to interactions with the owner of Otto's Breakfast and Deli." The DAO provided Mr. Herman with a response on August 20, 2018. In response to the DAO's August 20th email, Mr. Herman appealed to this office on August 21, 2018. Appeal The DAO stated in its August 20th email that it performed a search yet did not locate any responsive records. Based on the DAO's August 20th response, it is still unclear whether an exhaustive search was performed or if the requested records may exist. Accordingly, the DAO is ordered to provide a response to Mr. Herman's request in accordance with the Public Records Law, its Access Regulations and this order 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. If umesolved issues remain, Mr. Herman may appeal the substantive nature of the DAO's response within ninety 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

Joseph A. Pieropan, Esq. SPR18/1269 Page 2 September 5, 2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Colman Herman