Patrick Higgins v. Swansea, Town of - Police Department (SPR 20160226)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords April 7, 2016 SPR16/226 Mr. Arthur D. Frank, Jr., Esq. 209 Bedford Street, Suite 402 Fall River, MA 02720 Dear Attorney Frank: I have received the petition of Patrick Higgins appealing the nonresponse of the Town of Swansea-Police Department (Department) to a request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins requested "any reports or other documents in the possession, custody, or control of the Swansea Police Department relating to Patrick Higgins from 2015 and 2016." Having received no response, Mr. Higgins 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 (1 0) days of the request. G. L. c. 66, § lO(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. All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to the opening of this appeal, this office was notified by you that a response was provided, dated March 15, 2016. 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. Higgins 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. 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 determination for further information. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Arthur D. Frank, Esq. SPR16/226 Page 2 April 7, 2016 ~illiarns Supervisor of Records cc: Mr. Patrick Higgins