Emmett S. Muldoon v. Quincy, City of - Police Department (SPR 20170151)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 8, 2017 SPR17/151 Captain John R. Dougan City of Quincy Quincy Police Department 1 Sea Street Quincy, MA 02169 Dear Captain Dougan: I have received the petition of Emmett Muldoon appealing the response of the Quincy Police Department (Department) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Muldoon requested a copy of all inspections and copies of all documents related to the inventory of evidentiary items involved in a specifically identified criminal matter. You denied his request, claiming that there were no responsive documents. Mr. Muldoon appealed believing documents existed. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) business days of the request. G. L. c. 66, § 1O (b )(viii); see also 950 C.M.R. 32.06(2). The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. Subsequent to a discussion with a member of my staff you confirmed that no responsive documents exist. I will now consider this administrative appeal closed. 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

Captain John R. Dougan SPR17/151 Page 2 February 8, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Emmett Muldoon