Dumas, Mary v. Upton, Town of - Police Department (SPR 20150785)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 14, 2015 SPRlS/785 Chief Michael J. Bradley, Jr. Upton Police Department 30 School Street Upton, MA 01568 Dear Chief Bradley: I have received the petition of Ms. Mary L. Dumas appealing the response ofthe Town of Upton Police Department (Department) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Dumas requested, and received, copies of emails from the Department. Upon receipt of the requested emails Ms. Dumas requested from the Department copies of the complete thread for each, in electronic form. In emails dated September 23 and 24, 2015 you indicated your willingness and ability to provide the responsive records; however, you informed Ms. Dumas that the Department only has the records in paper form. 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. In the same email you stated your willingness to "gladly scan the documents and email them" to Ms. Dumas. Whereas the Department has offered to provide all portions of the responsive records I will consider this administrative appeal closed. Supervisor of Records cc: Ms. Mary L. Dumas OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre