Daniel DeFraia v. Boston, City of - Police Department (SPR 20160665)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 12, 2016 SPR16/665 Ms. Jennifer Samson Office of the Legal Advisor Boston Police Department 1 Schroeder Plaza Boston, MA 02120 Dear Ms. Samson: I have received the petition of Daniel DeFraia appealing the response of the Boston Police Department (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, in an undated request Mr. DeFraia requested "all archived records maintained at Hyde Park by the Boston Police Department on the Neighborhood Watch program from the program's inception to date." In your response you suggested Mr. DeFraia narrow his request or provide more specificity to assist the Department in identifying responsive records, as there are numerous responsive records. Mr. DeFraia appealed, stating his belief that no more than "2 boxes" of records exist that a responsive to his request. Confusion as to records that exist; solutions In his communication to this office Mr. DeFraia states he consulted with the Department's "archivist." In a conversation with my office you explained that the Department staff member with whom Mr. DeFraia communicated is not aware of all potentially records responsive, only those within the immediate control of that Department employee. You further explained that, whereas the Neighborhood Watch program has existed for many years it is possible that more than "2 boxes" exist that are responsive to Mr. DeFraia's request. In your conversation with this office you further stated that all requests for public records should be directed to you. Subsequent to this conversation a member of my staff contacted Mr. DeFraia and instructed him to contact you directly regarding his request. It is my understanding that Mr. DeFraia did contact you, but as of September 9, 2016 he has not received any further response from you. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Jennifer Samson SPR16/665 Page2 September 12, 2016 Conclusion Accordingly, I will consider this administrative appeal closed with the proviso that the Department review Mr. DeFraia's request and provide him with a written response, prepared in a manner consistent with this order, the Public Records Law and its Regulations. You are encouraged to discuss Mr. DeFraia's with him directly to clarify his request as you prepare a response. 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. cc: Mr. Daniel DeFraia