Maggie Mulvihill v. Berkshire District Attorney's Office (SPR 20230258)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records February 23, 2023 SPR23/0258 Joseph A. Pieropan, Esq. Assistant District Attorney Berkshire District Attorney’s Office 7 North Street Pittsfield, MA 01201 Dear Attorney Pieropan: I have received the petition of Maggie Mulvihill appealing the nonresponse of the Berkshire District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 11, 2023, Ms. Mulvihill requested “… all records related to law enforcement officers or personnel in which issues with their credibility has been raised, including but not limited to so-called ‘Brady lists,’ also known as ‘LEAD (Law Enforcement Automatic Discovery) lists’ or ‘Do Not Call’ lists…from Jan. 1, 2017, to present.” Claiming to not yet have received responsive records, Ms. Mulvihill petitioned this office and this appeal, SPR23/0258, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Office has provided a response. Accordingly, the Office is ordered to provide Ms. Mulvihill with a response to her request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (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. Ms. Mulvihill may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Maggie Mulvihill 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