Timothy R. Callinan v. Middlesex County District Attorney's Office (SPR 20200830)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 4, 2020 SPR20/0830 Daniel DeBlander, Esq. Middlesex District Attorney’s Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Attorney DeBlander: I have received the petition of Attorney Timothy Callinan appealing the nonresponse of the Middlesex District Attorney’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Attorney Callinan requested “any and all notes and evidence related to the Concord Police Department investigation” of an identified individual. 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, § l0(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, § l0(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Based on a communication with this office, it is my understanding that the Office intends on providing Attorney Callinan a response to his request for records. Accordingly, the Office is ordered to provide Attorney Callinan with said response in compliance with the Public Records Law and its Regulations as soon as practicable. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Callinan may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Timothy Callinan, Esq. 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