Tom Mohan v. Abington, Town of - Police Department (SPR 20171283)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 14, 2017 SPR17/1283 Tom Mohan Dear Mr. Mohan: This office has received your email appealing the lack of compliance of the Abington Police Department (Department) to your request for records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, you requested a record concerning an identified arrest. In the Department's September 11, 2017 response, it indicates that it does not have records responsive to your request. 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 ). 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, § 10 ( a)(ii). Given that the Department does not possess responsive records, and is under no duty to create such records, I will consider this appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Chief David Majenski 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