Wayne Napolitano v. Worcester County District Attorney's Office (SPR 20201728)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 1, 2020 SPR20/1728 Lindsay Corcoran Worcester County District Attorney’s Office 225 Main Street Worcester, MA 01608 Dear Ms. Corcoran: I have received the petition of Wayne Napolitano appealing the nonresponse of the Worcester County 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, Mr. Napolitano requested a list of officers who had utilized the “Brave Act” (previously the Valor Act) as a legal defense. 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 Mr. Napolitano a response to his request for records. Accordingly, the Office is ordered to provide Mr. Napolitano with said response in compliance with the Public Records Law and its Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Napolitano 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: Wayne Napolitano 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