David Myers v. Everett, City of - Police Department (SPR 20160124)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 10, 2016 SPR16/124 Captain Paul Landry City of Everett Police Department 45 Elm Street Everett, MA 02149 Dear Chief Landry: I have received the petition of David Meyers appealing the response of City of Everett 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. Myers requested copies of certain narcotic bank account statements that were addressed to the City Treasurer. In a response dated February 12, 2016 you informed Mr. Myers that after a review of its records the Department does not maintain records responsive to his request. 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). Whereas the Department does not possess records. responsive to Mr. Myers request, this appeal is closed. 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. 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 telephone number provided in this determi for further information. v cc: Mr. David Myers OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre