Gregory Smith v. Cape & Islands District Attorney's Office (SPR 20191313)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 3, 2019 SPR19/1313 Tara L. Miltimore, Esq. Assistant District Attorney Cape Cod & Islands District Attorney's Office 3231 Main Street Barnstable, MA 02630 Dear Attorney Miltimore: I have received the petition of Gregory Smith appealing the response of the Cape Cod & Islands District Attorney's Office (DAO) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Smith requested a list of all of the ADAs employed by the district, as well as their contact information, and a PowerPoint presentation. Unsatisfied with the response he had received from the DAO, Mr. Smith petitioned this office and this appeal was opened as a result. See SPR19/761 Determination of the Supervisor of Public Records (April 26, 2019). After careful review of the file, I am unable to determine what issue Mr. Smith has taken with the response. On May 3, 2019, the DAO provided a response to Mr. Smith containing a list of ADAs employed by the district with the Office's contact information atop the letterhead. The DAO also provided a copy of a PowerPoint presentation. Pertaining to the PowerPoint, Mr. Smith assetis that the record "was edited." Mr. Smith also notes "I have now three times very clearly and specifically requested names and contact information for all ADAs within that office." However, it is unclear how the DAO's response remains "incomplete" in light of the production of these records. All petitions for appeal shall be in writing and shall specifically describe the nature of the requestor's objections to the responses or failure to timely response. 950 C.M.R. 32.08(1)(f). This office encourages Mr. Smith and the DAO to continue to communicate to facilitate providing records more efficiently and affordably. For example, Mr. Smith may wish to clarify which additional records he seeks. See G. L. c. 66, § lO(a)(i) (the request must reasonably describe the public record sought); G. L. c. 66, § lO(b)(vii) (an agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). One Ashbmion Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Tara L. Miltimore, Esq. SPR19/1313 Page 2 July 3, 2019 It is preferable to send an electronic copy of pertinent correspondence to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. Smith may appeal within ninety days. See 950 C.M.R. 32.08(1). Accordingly, I will consider this administrative appeal closed. Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Gregory Smith