← Back to Search
David Milton, Esq. v. Essex County Sheriff's Department (SPR 20200226)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 02-06-2020
ClosedAppealDecision
SPR 20200226 is a Massachusetts Public Records Law appeal filed by David Milton, Esq. concerning records held by Essex County Sheriff's Department, opened 02-06-2020. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20200226
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- David Milton, Esq.
- Custodian
- Essex County Sheriff's Department
- Date Opened
- 02-06-2020
- Date Closed
- 02-21-2020
- Date Request Submitted
- 12-06-2019
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- 3 Business Days
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray: Supervisor of Records February 21, 2020 SPR20/0226 Scott B. Sullivan, Esq. Essex County Sheriff's Department 20 Manning Avenue Middleton, MA 01949 Dear Attorney Sullivan: I have received the petition of Attorney David Milton appealing the nonresponse of the Essex County Sheriff's Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically on December 6, 2019 Attorney Milton requested: e Any policies or protocols pertaining to the screening, diagnosis and treatment of Hepatitis C. e Any reports, documents, or data on the number of prisoners with Hepatitis C at your institution. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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 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. As of the date of this letter, it is my understanding that other than a January 14, 2020 email acknowledging receipt of the request, the Department has not provided Attorney Milton a response to his request for records. 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 Scott B. Sullivan, Esq. SPR20/0226 Page 2 February 21, 2020 Order Accordingly, the Department is ordered to provide Attorney Milton with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations 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, Rebecca S. Murray Supervisor of Records ce: David Milton, Esq.