Shaffer, Maya v. Boston, City of - Police Department (SPR 20150200)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 12,2015 SPRlS/200 Lt. Michael P. McCarthy Office of Media Relations Boston Police Department Boston, MA Dear Lieutenant McCarthy: I have received the petition of Maya Shaffer of The Baystate Examiner appealing the response time of Boston Police Department (Department) to her March 13, 2015 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Shaffer requested a copy of all: 1. Suspicious activity reports held by the Boston Regional Intelligence Center (BRIC) that include Maya Shaffer, 2. BRIC files on Maya Shaffer, 3. Suspicious activity reports held by the BRIC that include The Bay State Examiner, and 4. BRIC files on The Bay State Examiner. By email dated March 16,2015, the Department confirmed receipt ofMs. Shaffer's request, and informed her that the Department would contact her as soon as possible with its findings and a cost estimate. Moreover, Ms. Shaffer was advised that the Department would research her request in the order it was received, and that it may take longer than ten days to be fulfilled. On March 24, 2015, Ms. Shaffer received an email response informing her that a search was conducted and that the Department has no records responsive to her requests. Ms. Shaffer has appealed the Department's untimely response. 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, § lO(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. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre

Lt. Michael McCarthy SPR15/200 Page Two May 12,2015 I find that whereas the substantive response was provided on the eleventh day, following an initial response on the third day, the Department acted in compliance with the spirit of the law. Accordingly, whereas the Department did respond, finding it has no records responsive to the requests, this administrative appeal is closed. Supervisor ofRecords cc: Ms. Maya Shaffer