John M. Thompson, Esq. v. Springfield, City of - Office of the City Clerk (SPR 20160870)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 21, 2016 SPR16/870 Anthony I. Wilson, Esq. City Clerk City of Springfield 36 Court Street Springfield, MA 01103 Dear Clerk Wilson: I have received the petition of John M. Thompson, Esq. appealing the response of the City of Springfield-Office of the City Clerk (City) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). This request was the subject oftwo (2) previous appeals. Specifically, April27, 2016, Attorney Thompson requested copies of records related to an investigation into the death of a specifically identified individual, including a police report, internal affairs records, and witness statements (Request 1) (SPR16/520). In addition, on May 26, 2016 Attorney Thompson requested copies of "all records" of the arrest of the same specifically identified individual on a certain day (Request 2) (SPR16/521 ). Attorney Thompson appealed the responses to these requests. In light of the similar nature of these requests, I addressed both appeals in the same determination, See SPR16/520; SPR16/521 Determination of the Supervisor of Records (August 4, 2016). In my August 4 Determination I found the City had not met its burden of specificity with respect to the applicability of cited exemptions to the responsive records. Accordingly, the City was ordered to provide Attorney Thompson a response to both his requests, prepared in a manner consistent with this order, the Public Records Law and its Regulations. In compliance with my order, the City provided a more detailed response dated September 2, 2016. Attorney Thompson appealed. Current appeal The basis of Attorney Thompson's most recent petition is in regards to his request for "source documents" and "all American Medical Response records regarding the incident". In its September 2 response, the City indicated it does not have any documents responsive to this particular request. In his petition, Attorney Thompson challenges this assertion. In his October 7 letter Attorney Thompson explains that included in the Internal Investigation Unit Report on One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Anthony I. Wilson, Esq. SPR16/870 Page2 October 21, 2016 page 15 is a narrative that states "A review of the American Medical Response Run Sheet #9943226 dated September 13, 2015 showed .... ," and "Copy of document submitted," which leads him to believe responsive records must exist. Order Whereas it is unclear whether the City has reviewed all records in its custody, the City is hereby ordered to conduct a full and thorough search of its records and identify all records responsive to Attorney Thompson's request. The City is further ordered to provide Attorney Thompson with a written response to his request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. If the City once possessed responsive records and maintains that they records no longer exist, the City is further ordered to explain in writing its justification under the Public Records Law and the Municipal Records Retention Manual. A copy of any such response must be provided to this office. It is preferable to send an electronic cop of this response to this office at pre@ sec. state.ma. us. cc: Mr. John M. Thompson