Everett Carlson v. Lunenburg, Town of - Police Department (SPR 20170654)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 25, 2017 SPR17/654 Lieutenant Michael Luth Lunenburg Police Department 655 Massachusetts Avenue Lunenburg, MA O1 462 Dear Lt. Luth: I have received the petition of Everett Carlson appealing the nomesponse of the Lunenburg Police Department (Department) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Carlson requested records relating to a seizure of money during an arrest. Having received no response, Mr. Carlson petitioned this office. Previous appeal This request was the subject of a previous appeal. See SPR 17 /402 Determination of the Supervisor of Records (March 30, 2017). SPR 17/402 was closed with the understanding that the Department would be providing Mr. Carlson with a response to his request. A response dated April 19, 2017 was provided to Mr. Carlson stating that the Department was "currently looking into this matter." Mr. Carlson wrote to the Department in a letter dated April 27, 2017 inquiring into the status of his request. Upon not receiving a response, Mr. Carlson petitioned this office and this appeal, SPR 17 /654, was opened as a result. The Public Records Law 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 receipt of the request. G. L. c. 66, § lO(a),(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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

Lt. Michael Luth SPRl 7/654 Page 2 May 25, 2017 Conclusion Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that a response was provided, dated May 11, 2017. Whereas this matter was opened based upon the Department's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Carlson may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Everett Carlson