Alan R. Gaudreau v. Bristol County District Attorney's Office (SPR 20202339)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 10, 2020 SPR20/2339 Mary Lee, Esq. Records Access Officer Bristol County District Attorney’s Office 888 Purchase Street New Bedford, MA 02740 Dear Attorney Lee: I have received the petition of Alan R. Gaudreau appealing the response of the Bristol 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, on September 15, 2020, Mr. Gaudreau requested the following records: “[1.] copies of all weekly or biweekly paychecks by the Commonwealth to [a named] First Assistant from January 1, 2007 through December 31, 2007. [2.] any assigned credit-debit card transactions by [a named First Assistant] that he was assigned in his official capacity from January 1, 2007 through December 31, 2007. [3.] copies of any "bonus checks or other checks or drug forfeiture funds [to] [a named First Assistant] from January 1, 2007 through December 31, 2007. [4.] copy of the report of funds deposited into special law enforcement trust fund that were used in fiscal years 2007 through 2008 and the balance as of January 1, 2007. [5.] list of private attorneys participating in any volunteer prosecutor program, name and address of law firm and the total number of personnel from said law firm, duties performed by the personnel and benefits and cost savings associated with the program. [6.] all paid salaries authorized by [a named] District Attorneys] for years 2007 and 2008 and any formal report to the state legislature on this subject. [7.] copies of any funds used by the Office detailing the … use of drug forfeiture fund collected … which said report of 2016 through 2019 showing (a) amount of funds deposited into the Office’s special law enforcement trust fund (b) how the funds were used in those fiscal years (c) balance of trust fund as of January 1, 2020.” 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

Mary Lee, Esq. SPR20/2339 Page 2 December 10, 2020 Previous appeal This request was the subject of a previous appeal. See SPR20/2013 Determination of the Supervisor of Records (November 2, 2020). Unsatisfied with the Office’s response, Mr. Gaudreau appealed and SPR20/2339 was opened as a result. Based upon a conversation between a Public Records Division staff attorney and an Office representative, it is my understanding that the Office intends on providing a subsequent response to Mr. Gaudreau to address his concerns. Accordingly, the Office is ordered to provide Mr. Gaudreau with a response to his request in a manner consistent with the Public Records Law and its Access 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. Gaudreau may appeal the substantive nature of the Office's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Alan R. Gaudreau