Dreslinski, Michael v. Littleton, Town of - Police Department (SPR 20140477)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 19, 2014 SPR14/477 Mr. Matthew J. King Acting Chief of Police Littleton Police Department 500 Great Road Littleton, MA 01460-1222 Dear Chief King: I have received the petition of Michael Dreslinski appealing the nonresponse of the Littleton Police Department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dreslinski requested an index of all Department records that relate to him. Having received no response, Mr. Dreslinski 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. The Department is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the intervention by a member of my staff, you explained that a response was provided. In your response letter, dated August 7, 2014, you indicated that the Department possesses no records responsive to Mr. Dreslinski' s request. 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 has no records responsive to Mr. Dreslinski's request, I will consider this administrative appeal closed. 9ruly ~nA.W' Supervisor cc: Michael Dreslinski OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre