Myers, David v. Everett, City of - Police Department (SPR 20140412)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords September 2, 2014 SPR14/412 Captain Patrick McAdam Administrative Services - Commanding Everett Police Department Patrol Division 45 Elm Street Everett, MA 02149 Dear Captain McAdam: I have received the petition of David Myers appealing the non-response of the Everett Police Department (Department) to his June 30, 2014 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Myers requested copies of certain policy and procedure manuals. On July 24, 2014 my office received a copy of Mr. Myers' petition, dated July 20, 2014. My office opened Mr. Myers' appeal on July 25, 2014. Subsequent to a review of the file a member of my staff contacted your office via telephone on August 7, 2014 and provided a copy of materials related to this appeal on August 8, 2014. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (1 0) 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. From a review of the file it appears that the Department did not receive a copy of Mr. Myers' request until one was provided to you by my staff on August 8th. In a facsimile to my office received on August 12, 2014 you provided a copy ofthe Department's response to Mr. Myers' request, indicating that the Department has no records responsive to his request. I find that any issue related to the timeliness of the response by the Department was cured by its prompt response once my staff alerted you to Mr. Myers' request. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Captain Patrick McAdam SPR14/412 Page Two September 2, 2014 There is a presumption that all government employees perform their duties in an honest and impartial manner. LaPointe v. License Bd. of Worcester, 389 Mass. 454, 459 (1983) see also Konover Mgt. Corp v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992). Furthermore, it is the duty of a record custodian to use his superior knowledge of the records to assist a requester in obtaining the records. 950 C.M.R. 32.05(4 ). Therefore, I accept that the Department understood Mr. Myers' request and responded to it with the best of its knowledge. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26); see also 950 C.M.R. 32.03. Whereas the Department's prompt response to the query by my office cured any timeliness issue, and further whereas there are no records responsive to Mr. Myers' request I will consider this administrative appeal closed. Supervisor of Records cc: Mr. David Myers