News Notes the Northwestern District Attorney's Office agrees to comply with the records law

By Maya Shaffer

After some discussion with Crit.news the DA’s office has agreed to fix their website to bring it into compliance with the records law. Crit.news recently filed records requests to every district attorney’s office across the state of Massachusetts for a story we’re chasing about police pressing a criminal charge despite there being no statutory basis for it. Like a standard lineup of 10 dentists where one of them is a clown, nine out of ten DA’s offices simply listed their Records Access Officer’s (RAO) email address as required by law… but clown dentist, in this case the Northwestern District Attorney's Office, did not. In fact, not only did they not list their RAO’s email, they set up a portal that set unlawful roadblocks for requesters who want to file requests. 

The good news is that Cynthia Von Flatern, the RAO for the DA’s office, said that she contacted IT to have the site fixed to meet the requirements set by the public records law, but the path to this positive end was… odd. Even by Massachusetts records law standards. 

Since the DA’s officer didn’t list an RAO email I sent my request to the email they listed for Mary Carey, their communications director, with a note explaining that the website’s lack of RAO address was a violation of the records law as was their webpage claiming that requesters must fill out a specific form and provide their name (neither of these things is lawful to require). Additionally, I sent a request to Carey and the Secretary of the Commonwealth’s office, which has statutory oversight of the public records law, requesting that they order the DA’s office into compliance with the law. 

Carey sent a response to my appeal to the secretary’s office for a compliance order by saying that there were two ways to make contact with their department’s RAO. She sent a link to the problematic submissions page and instructions to go to their contact page to find the information. This was deceptive because it made it sound like the DA had met the law’s requirements even though no email address was listed on the contact tab where she was directing us. 

I followed up with Carey, 

“Hi, that link does not provide the RAO's email address. Below you will see the link to the Mass general law that the district attorney's office is currently violating. Is it correct to assume based on your previous email that you are refusing to forward my request to the RAO? As the communications director for the DA's office can you please explain to me your office's choice not to comply with the records law? 

Thanks,

Maya

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66/Section6A

"(c) Each agency and municipality shall post in a conspicuous location at its offices and on its website, if any, the name, title, business address, business telephone number, and business email address of each records access officer." (emphasis mine)

Carey’s reply was a master class in gas-lighting, 

“Dear Ms Shaffer - I have already forwarded your request to the public records officer. Her email address is also under the Contact tab, which is the second way you could contact her directly.

Sincerely, Mary Carey

I took a screenshot of the contact tab and sent it back saying, 

“There seems to be some confusion here attached is a screenshot of the contact page... No email address is listed- am I looking at a different page than you? I appreciate you forwarding my request though.”

Carey, still trying to use Jedi mind tricks on me, sent back, 

“Dear Maya - That is the page.  I’ll forward this request to ADA Von Flatern as she knows the law well. I have to get ready for work now.”

Thankfully Carey was correct about RAO Von Flatern, she does know the law,

“Dear Ms. Shaffer:

I have received your request for records and will respond to your email address when  the results of our database search are complete. Also, I have spoken with our IT Department regarding adding the RAO’s email address to the contact information provided and adding language to the request form to make it clear that using this standard form is likely the simplest way to make a request but not mandatory. 

Sincerely yours,

Cynthia Von Flatern | Assistant District Attorney

Records Access Officer

Northwestern District Attorney's Office

Cynthia.Von.Flatern@State.MA.US “

All’s well that ends well, and since the issues are being addressed voluntarily I asked the state to disregard my request for an order. As of publication, five days after the email exchange, the website has yet to be corrected. I’ve been writing about and using the Massachusetts Public Records law for years and this may be the first time I’ve ever run across anyone actually sending me to a page that proves that what they are telling me isn’t true. I’m just glad that the DA’s office is in the process of fixing their website and that’s what really matters.