Christi Berry v. Worcester, City of - Police Department (SPR 20170691)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 24, 2017 SPR17/691 Deputy Chief Sean J Fleming Worcester Police Department 911 Lincoln Square Worcester, MA 01608 Dear Deputy Chief Fleming: I have received the petition of Christi Berry appealing the response of the City of Worcester Police Department (Department) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms Berry requested, "[t]he release of any and all documentation which should include: photos, videos, forensic reports from all submitted evidence and results of findings pertaining to the investigation in the death of [a n identified individual]." The Department provided Ms. Berry with a response to her request in the form of a disk drive with twenty-seven (27) pages of responsive documents. In this appeal, Ms. Berry is petitioning the substantive nature of the Department's response, believing that she has not been provided with all responsive records. No Duty to Create Records Under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that the Department has provided all responsive records in their possession at this time. The Department has also issued a supplemental response to Ms. Berry dated May 23, 201 7 that explains why there are no further responsive records. Furthermore, the Department has indicated in their May 23rd response that they will continue checking their resources to ensure that any additional responsive records that may be located will be brought to Ms. Berry's attention. Whereas this matter was opened based upon the Department's failure to provide a complete written response, I will now consider this administrative appeal closed. Ms. Berry may 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

Chief Sean J Fleming SPR17/691 Page 2 May 24, 2017 appeal the substantive nature of any supplemental response by the Department within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Supervisor of Records cc: Ms. Christi Berry