Ronald A. Pressman, Esq. v. Melrose, City of - Police Department (SPR 20170865)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 29,2017 SPRl71865 Michael L. Lyle Chief of Police/Records Access Officer Melrose Police Department 56 West Foster Street Melrose, MA 02176 Dear Mr. Lyle: I have received the petition of Ronald Pressman, Esq. appealing the response of the Melrose Police Department (Department) to a request for public records. G. L. c. 66 5 10A; see 950 C.M.R. 32.08(1). Specifically, Attorney Pressman requested information about an incident that occurred on November 17,201 6 in which the Department was involved. Attorney Pressman wanted to know whether the Department has knowledge of "who took the picture, and where we could get more originals." Tlze 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, 5 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, 5 7(26). If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, 5 lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department's April bt'' response In your April 6thr esponse, you indicate that "please be advised that this Department does not have possession, custody, or control of the records requested. The mandatory disclosure provision of the Public Records Law only applies to information that is in the custody of the Department at the time the request is received. As a result there is no obligation for a Department to create a record for a requester to honor a request." 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

Michael Lyle Page 2 June 29,20 17 In his records request on March 30,2017, Attorney Pressman indicated that a friend of his client received a report with an enclosed photograph of the incident from your Department on a prior occasion dated November 23,2016. Whereas the duty to comply with a request for records extends to those records that exist and are in the possession, custody or control of the custodian of records at the time of request, the Department must clarify whether it has any records that indicate who took the photograph and indicate whether it has originals of the photograph. G. L. c. 66, 5 1O (a)(ii). It is my understanding that a Public Records Division staff attorney contacted you about this appeal. Conclusion Accordingly, whereas the Department has indicated that it will provide Attorney Pressman with a supplemental response, I will consider this appeal closed if the Department provides the response in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office at pre@,sec.state.ma.us. Attorney Pressman may appeal the substantive nature of the response within ninety days. 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Ronald Pressman, Esq.