Laura H. Ortiz v. Suffolk County District Attorney's Office (SPR 20232629)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 14, 2023 SPR23/2629 Andrew Doherty, Esq. Assistant District Attorney Deputy Chief Legal Counsel Suffolk County District Attorney’s Office One Bulfinch Place Boston, MA 02114 Dear Attorney Doherty: I have received the petition of Laura Ortiz appealing the nonresponse of the Suffolk 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 October 13, 2023, Ms. Ortiz requested the following documents: [1.] Any ‘Carney Letters’ issued by the SCDAO, that waived immunity to Police Officers from any Municipality or Massachusetts Division, under Carney v. City of Springfield, 403 Mass 604, 609 (1988) and Baglioni v. Chief of Police of Salem, 421 Mass 229 (1993) as well as their notices to the police officer(s) departments Timeline: September 8, 2022-October 13, 2023 and September 8, 2021-September 8 2022[;] [2.] Accompanying signed District Attorney Waivers issued (from the peer Massachusetts District Attorney Offices) related to Part 1, that waived immunity to Police Officers from any Municipality or Massachusetts Division, under Carney v. City of Springfield, 403 Mass 604, 609 (1988) and Baglioni v. Chief of Police of Salem, 421 Mass 229 (1993) Timeline: September 8, 2022-October 13, 2023 and September 8, 2021-September 8 2022[;] [3.] Accompanying ‘Further Disclosure’ statements regarding any police officer (even former) that SCDAO may have filed with court/defense counsel related to Part 1 after those Police Officers were issued “Carney” letters by the SCDAO Timeline: September 8, 2022-October 13, 2023 and September 8, 2021- September 8, 2022[.] 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

Andrew Doherty, Esq. SPR23/2629 Page 2 November 14, 2023 Claiming to not yet have received responsive records, Ms. Ortiz petitioned this office and this appeal, SPR23/2629, 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. Ortiz 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 the response to this office at pre@sec.state.ma.us. Ms. Ortiz 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: Laura Ortiz