Wilfred Evicci v. Lowell, City of - Police Department (SPR 20160100)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 10, 2016 SPR16/100 Ms. Christine P. O'Connor, Esq. City Solicitor 375 Merrimack Street 3rd Floor, Room 64 Lowell, MA 01852 Dear Ms. O'Connor: I have received the petition of Wilfred Evicci appealing the response of the City of Lowell (City) Police Department (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Evicci requested copies of records regarding, "surveillance cameras used in finding and or solving the crime of prostitution and such crimes." The basis of Mr. Evicci's appeal is that at the time of his petition the Department had not responded to his request. 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. On March 8th the City Solicitor's Office confirmed to a member the Public Records Division that the City will be providing a response to Mr. Evicci. Whereas this matter was opened based upon the Department's failure to properly respond, I will now consider this administrative appeal closed with the proviso that the response be provided within ten (10) days of this determination. Mr. Evicci may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(2). To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Christine P. O'Connor, Esq. SPR16/100 Page 2 March 10, 2016 Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telep)l e number provided in this determination for further information. cc: Wilfred Evicci Superintendent William Taylor James F. Wellock, Esq.