Todd Wallack v. Bristol County District Attorney's Office (SPR 20232138)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 22, 2023 SPR23/2138 Courtney Almeida, Esq. Assistant District Attorney Records Access Officer Bristol County District Attorney’s Office 888 Purchase Street New Bedford, MA 02740 Dear Attorney Almeida: I have received the petition of Todd Wallack, of WBUR, appealing the fee estimate from the Bristol County 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 24, 2023, Mr. Wallack requested “[a]n electronic list of cases the district attorney’s office has prosecuted since Jan. 1, 2022, including all publicly available columns/fields.” On April 18, 2023, Mr. Wallack modified his request to “an electronic list of all the cases the district attorney’s office has prosecuted since Jan. 1, 2010, including all publicly available columns/fields (not just cases since 2022).” Prior Appeals The requested records were the subject of prior appeals. See SPR23/0400 Determination of the Supervisor of Records (March 15, 2023); SPR23/1115 Determination of the Supervisor of Records (May 31, 2023); SPR23/1371 Determination of the Supervisor of Records (July 5, 2023) and SPR23/1545 Determination of the Supervisor of Records (July 19, 2023). In my July 19th determination, I found that it was unclear if the dataset provided on February 10, 2022 has been revised or updated. As such, I directed the Office to demonstrate that the full dataset responsive to Mr. Wallack’s April 18th modified request, is the same copy provided in February. The Office provided a response on June 28, 2023. In his September 8th appeal, Mr. Wallack petitioned this office and stated, “[t]he fee estimate was attached to my original appeal (SPR 23/400). The agency’s latest response included the records, but did not include a revised fee estimate. I paid the fee under protest and wish to continue to appeal the agency’s $200 fee estimate.” Subsequently, this appeal, SPR23/2138, was opened as a result. 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

Courtney Almeida, Esq. SPR23/2138 Page 2 September 22, 2023 The Public Records Access Regulations, which govern the procedural aspects of all appeals, require that an appeal to this office be filed within ninety calendar days of the date of the request letter, or within ninety calendar days of the date of a written response from the record custodian. See 950 C.M.R. 32.08(1)(d); 950 C.M.R. 32.08(1)(e). Where Mr. Wallack has paid the fee, has been provided the records, and the appeal is over ninety days, I decline to opine on this matter. Consequently, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Todd Wallack