Maya Shaffer v. Suffolk County District Attorney's Office (SPR 20192357)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

December 6, 2019 SPR19/2357 Claudia Buruca Records Access Officer Suffolk County District Attorney’s Office One Bulfinch Place Boston, MA 02114

Dear Ms. Buruca:

I have received the petition of Maya Shaffer appealing the response of the Suffolk County District Attorney’s Office (DAO/DA) to a request for public records. G, L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Shaffer requested the last two months of police reports, the most recent police report that includes charges of either interference or obstruction of a police officer, all communications with police departments regarding the charges, and all current policies/memos/directives about how the office handles charges of either interference or obstruction of a police officer.

Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days of receipt of the request. G. L. c. 66, § 10(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, § 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response.

I understand that the DAO provided an initial response to Ms. Shaffer on November 20, 2019. In her petition to this office Ms. Shaffer indicates, in part, that she is appealing “.. . based on the lack of a proper response from the DA’s office.” I find that the DAO must provide Ms. Shaffer a response in compliance with G. L. c. 66, § 10(b)(i)-(ix), Further, please note that under G. L. c. 66, § 10(e), a records access officer (RAO) may not charge a fee unless the RAO provides a written response within 10 business days following the receipt of the request in compliance with G. L. c. 66, § 10(b).

Order

Accordingly, the DAO is ordered to provide Ms. Shaffer with a response to the request, provided in a manner consistent with this order, the Public Records Law, and it’s Regulations

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

Claudia Buruca SPR19/2357 Page 2 December 6, 2019

without delay. 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,

flreca Muoway.

Rebecca S. Murray Supervisor of Records ce: Maya Shaffer