Lisa Zullo v. Fall River, City of - Police Department (SPR 20160286)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A. Williams Supervisor of Records

May 4, 2016 SPR16/286

Lieutenant Kevin Silva

Fall River Police Department Keeper of the Records

685 Pleasant Street

Fall River, MA 02720

Dear Lieutenant Silva:

I have received the petition of Lisa Zullo appealing the response of City of Fall River 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, Ms. Zullo requested copies of records regarding a specifically identified individual resulting in charges in violation of G. L. c. 94C §§32C, 32J, G. L. c. 265 §23 and G.L. c, 272 §34. In a response dated April 12, 2016 the Department informed Ms. Zullo that any responsive records created prior to 2003 have been purged and therefore are not available. The basis of Ms. Zullo’s appeal is that according to the Massachusetts Statewide Retention Schedule the records should still be available.

The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26).

Please note that the retention schedule for municipal police department records can be found in the Commonwealth of Massachusetts Municipal Records Retention Manual not the Commonwealth Massachusetts Statewide Retention Schedule. The Municipal Records Retention Manual can be found at, www.sec.state.ma.us/arc/arcrmu/rmuidx.htm.

If the Department was at one time in possession of responsive records and it maintains that the responsive records no longer exist, the Department is ordered to explain in writing to Ms. Zullo its justification not only under the Public Records Law but also with specificity under the Municipal Records Retention Manual.

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 - (617) 727-2832 - Fax (617) 727-5914

www.sec.state.ma.us/pre

Lieutenant Kevin Silva SPR16/286 Page 2 May 4, 2016

Accordingly, the Department is hereby ordered, within ten (10) days of this order, to provide Ms. Zullo with a response to the request, provided in a manner consistent with this order, the Public Records Law, its Regulations and the Commonwealth of Massachusetts Municipal Records Retention Manual. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us.

If there are any fees associated with this response a written, good faith estimate must be provided. G. L. c. 66, § 10(a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall

provide written good faith estimate). Once the fees are paid, you must provide the responsive records.

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 recards custodian in person to conduct training workshops on the Public Records Law upon rqquest. Please contact my office directly at the telephone number provided in this dete or further information.

urs,

ce: Ms. Lisa Zullo