Edward S. O'Brien v. Department of State Police - Office of the Chief Legal Counsel (SPR 20221331)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 17, 2022 SPR22/1331 Allison Mondello Primary RAO Massachusetts State Police Office of the Chief Legal Counsel 50 Maple Street Milford, MA 01757 Dear Ms. Mondello: I have received the petition of Edward S. O’Brien appealing the response of the Massachusetts State Police (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On November 22, 2021, Mr. O’Brien requested “…all memos, police reports, police interviews, affidavits, indexes, station reports, case reports, and witness interviews that was conducted by the Somerville Police Department, Massachusetts State Police, Middlesex County District Attorney’s Office and the Middlesex County District Attorney’s Office CPAC unit…from July 23, 1995 to the date of this request is being sought.” Previous Appeal This request was the subject of a previous appeal. See SPR21/3336 Determination of the Supervisor of Records (January 6, 2022). In my January 6th determination, I ordered the Department to provide Mr. O’Brien 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 representative of the Department provided a response on April 12, 2022 requiring more information to conduct a search for responsive records. Although Mr. O’Brien provided additional requested information to the Department, Mr. O’Brien has not received a response. Mr. O’Brien petitioned this office and this appeal, SPR22/1331, was opened as a result. The Department’s April 12th Response In its response, a representative of the Department stated “…[i]n order for this Department to conduct a diligent search, more information is needed. [p]lease provide your date of birth and the approximate dates for when the relevant incidents occurred…” 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

Ms. Allison Mondello SPR22/1331 Page 2 June 17, 2022 Mr. O’Brien provided the requested information on April 18, 2022. Subsequently, I learned that the Department provided a response to Mr. O’Brien dated June 16, 2022. Where the basis of this appeal was opened as a result of the Department’s lack of a written response, I will now consider this administrative appeal closed. Mr. O’Brien may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Edward S. O’Brien