Hazem Mahmoud, MD, PhD v. Newburyport, City of - Police Department (SPR 20161216)

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

Rebecca S. Murray Supervisor of Records

December 29, 2016 SPR16/1216 Dr. Hazem Mahmoud, MD, PhD

Dear Dr. Mahmoud:

I have received your petition appealing the responses of Jackie Cowin, Esq. of KP Law on behalf of the Town of Newburyport (Town) and the Town of Newburyport Police Department (Department) to your requests for public records. G. L. c. 66 § 10(b); see also 950 C.MLR. 32.08(2). See also SPR16/1043 Determination of the Supervisor of Records (December 7, 2016). In the December 7" determination, this office found the City’s fee estimate contained the detail required by the Public Records Access Regulations.

In your appeal petition dated December 20, 2016, you requested that the Public Records Division use its jurisdiction to obtain the records that you seek by way of judicial remedy through the Superior Court of the Commonwealth. Please be advised that Massachusetts General Law provides an aggrieved public record requester two separate and distinct remedies when a custodian refuses or fails to comply with a public records request.

The first remedy is judicial in nature and provides for the requester to petition the appropriate Superior Court department for an order commanding compliance with the public record request and the law. The second remedy is administrative in nature and provides for the requester to petition this office for a determination of the nature of the record and the appropriateness of any claimed custodial exemption.

Therefore, this office is not statutorily empowered to prosecute persons on behalf of the Commonwealth for violations of the public record law.

Sincerely,

Rebecca S. Murray Supervisor of Records cc: Jackie Cowin, Esq.

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