Kelleher, Robert v. Attleboro, City of - Police Department (SPR 20150781)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 18,2015 SPR15/780, 15/781, 15/782, 15/783, 15/784 Mr. RobertS. Mangiaratti, Esq. City Solicitor - City of Attleboro City Hall 77 Park Street Attleboro, MA 02703 Dear Attorney Mangiaratti: I have received the petition of Robert Kelleher appealing the response of the City of Attleboro -Police Department (Department) to his requests for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). It should be noted that this office opened five (5) appeals related to Mr. Kelleher's requests. However, upon further review and discussion with Mr. Kelleher, I understand Mr. Kelleher's appeal is related to requests for two (2) types of records: (1) an audio recording of a telephone conversation that occurred on August 12, 2015; and (2) video recordings from a particular date within the Department's lobby and/or Command Center. Request for audio recording In an email dated November 19, 2015, you provided Mr. Kelleher with recordings of telephone conversations from August 12, 2015. An attorney on my staff also forwarded these recordings to Mr. Kelleher. You informed the attorney on my staff that the Department provided all the responsive records it possesses from August 12, 2015. As a result, you indicated the Department has no other responsive records. Request for video recording In a response dated August 21, 2015, you indicated to Mr. Kelleher that "I think you asked the [Department] for video recordings that do not exist." In an email dated November 20, 2015, you informed an attorney on my staff that there are no records responsive to Mr. Kelleher's request for video recordings in the lobby. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. RobertS. Mangiaratti, Esq. SPR15/780, 15/781, 15/782, 15/783, 15/784 Page Two December 18, 2015 You also confirmed in a telephone conversation that the Department has no records responsive to Mr. Kelleher's request for video recordings in the Command Center. Conclusion Under the Public Records Law, the duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). Accordingly, whereas the Department has no other records esponsive to Mr. Kelleher's request for audio recordings and has no responsive video recordin , I will consider this appeal closed. cc: Mr. Robert Kelleher