Shawn Deleskey v. Peabody, City of - Police Department (SPR 20210490)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 9, 2021 SPR21/0490 Captain Douglas S. Marcus Peabody Police Department 6 Allen’s Lane Peabody, MA 01960 Dear Captain Marcus: I have received the petition of Shawn Deleskey appealing the response of the Department of Peabody Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 9, 2021 and February 25, 2021, Mr. Deleskey requested identified files. Claiming to not yet have received a response, Mr. Deleskey appealed and SPR21/0490 was opened as a result. 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). While a records access officer must respond to a request for public records within 10 business days, a business day does not include a weekday where a custodian’s office is unexpectedly closed. G. L. c. 66, § 10(a); 950 C.M.R. 32.02. Despite being notified of the opening of this appeal and communication from a staff attorney of the Public Records Division, it remains unclear whether the Department has provided a response. The Department is ordered to provide Mr. Deleskey with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within 10 business days. 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 cc: Shawn Deleskey 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