Seth Kershner v. Chicopee, City of - Police Department (SPR 20160487)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division August 4, 2016 Shawn A. Williams SPR16/487 Supervisor ofR ecords Mr. William R. Jebb Chief of Police Chicopee Police Department 110 Church Street Chicopee, MA 01 020 Dear Chief Jebb: I have received the petition of Seth Kershner appealing the nonresponse of the City of Chicopee (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, on April29 2016, Mr. Kershner requested records regarding the deployment ofthe Department's SWAT/Special Response Team. Having received no response Mr. Kershner appealed. In an August 3, 2016 conversation you explained that the City's procedure for public records requests is to forward such requests to the City's Legal Department for review and response. Thank you for taking time to speak with me regarding this matter. For the benefit of the City's Legal Department it is important to note that 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, § 1O (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 City's Legal Department is advised that all requests must receive a written response within ten days. In our conversation you indicated that you would coordinate with the Legal Department to assist in providing a response to Mr. Kershner's request. Accordingly, I will consider this administrative appeal closed with the proviso that such response be provided by the City's Legal Department without delay, prepared in a manner consistent with this order, the Public Records Law and its Regulations. 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 pre@sec.state.ma.us. ~y ~:. Williams Supervisor of Records cc: Mr. Seth Kershner OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre