Shibley, Craig v. Rutland, Town of - Police Department (SPR 20140385)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 25, 2014 SPR14/385 Mr. Donald Haapakoski Chief of Police Town of Rutland-Police Department 242 Main Street Rutland, MA 01543 Dear Chief Haapakoski: I have received the petition of Craig Shibley appealing the nomesponse of both the Rutland Regional Emergency Communication Center (RRECC) and the Town of Rutland Police Department (Department) to his July 2014 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Shibley requested copies of records from both offices related to the Barre Radio Communication Tower. Having received no response from RRECC or the Department, Mr. Shibley petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. Both the RRECC and the Department are advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. RRECC Response Subsequent to the intervention by a member of my staff, in an email dated July 18, 2014 RRECC Director of Communications Nicholas J. DaDalt provided a written response to Mr. Shibley's request. Whereas RRECC provided a written response I will consider this portion of Mr. Shibley's appeal closed. Mr. Shibley may appeal this response within ninety (90) days. See 950 C.M.R. 32.08(2). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Donald Haapokoski SPR14/385 Page Two September 25, 2014 Nonresponse of Department A member of my staffleft two voicemail messages for you to discuss Mr. Shibley's request for records. To date these calls have gone unreturned and unanswered. To the best of my knowledge the Department has not replied to Mr. Shibley's request for records. I find, therefore, that the Department has failed to meet its burden under the Public Records Law and its Regulations to respond to a request for records. Accordingly, the Department is hereby ordered, within ten (10) days ofthis order, to provide Mr. Shibley with the requested records, or provide to Mr. Shibley and this office, with specificity how any particular exemption applies to each responsive record. If the Department is planning to charge for the cost of complying with this public records request, Mr. Shibley must be provided with a detailed written, good faith estimate on each particular request. Once the Department receives the estimate funds, the records must be provided. illiams cc: Mr. Craig Shibley Mr. Nicholas J. DaDalt