Rodolfo Carr v. Boston, City of - Police Department (SPR 20161079)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 5, 2016 SPR16/1079 Jennifer Samson Legal Assistant Boston Police Department Office of the Legal Advisor One Schroder Plaza, 4th Floor Boston, MA 02120 Dear Ms. Samson: I have received the petition of Rodolfo Carr appealing the response of City of Boston - Police Department (Department) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). In an October 24, 2016 letter Mr. Carr expressed dissatisfaction that the Office of the Legal Advisor provided a letter dated October 12, 2016 "without the hand written signature name on document of the person or government official who made or wrote-up said report." In his October 24 letter, Mr. Carr requested the Department assist by providing "the hand written signature name of the person or government official who made or wrote-up said report or document." This request was the subject of a prior appeal. See SPR16/973 Determination ofthe Supervisor of Records (November 7, 2016). In a November 17, 2016letter to this office, Mr. Carr sought to clarify his prior correspondence. In particular, Mr. Carr seeks a copy of "the original police report with the 'signature' of the police officer or person who made the report described on the letter dated October-12-20 16." A review of the October 12 letter indicates that all records responsive to Mr. Carr's request have been provided. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). Whereas the Department has indicated it was "unable to find any responsive records," I will consider this administrative appeal closed. If Mr. Carr is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior 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

Ms. Jennifer Samson SPR16/1079 Page 2 December 5, 2016 Court ofthe Commonwealth. See G. L. c. 66, § IO(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Alruns visor of Records cc: Rodolfa Carr