Powers, Justin v. Boston, City of - Police Department (SPR 20150664)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 2, 2015 SPRlS/664 Ms. Kate Hoffman, Esq. Office of the Legal Advisor Boston Police Department One Schroder Plaza Boston, MA 02120 Dear Attorney Hoffman: I have received the petition of Justin Powers appealing the nonresponse of the Boston 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. Powers requested the names and ranks of officers on active shift assigned to a specifically identified station for a specific time period. Having received no response, Mr. Powers 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, § IO(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, this office was notified that a response was provided, dated July 31, 2015. Attorney Hoffman notified this office that a subsequent response would be sent to Mr. Powers in early September. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Powers may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. .08(2). y Supervisor of Records cc: Mr. Justin Powers OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre