Michael Gordon v. Department of State Police (SPR 20171510)

of The Commonwealth Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supen,isor ofR ecords November 7, 2017 SPR17/1510 Alycia J. DeAngelis, Esq. Staff Counsel Massachusetts State Police General Headquaiiers 470 Worcester Road Framingham, MA 01702 Dear Attorney DeAngelis: I have received the petition of Michael Gordon appealing the response of the Massachusetts State Police (Department) to a request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32:08(1). Mr. Gordon requested several categories of records from the Department, including records related to an identified incident, K9 file, time schedules of certain employees, uniform and dress code records, and training polices. Previous appeals This request was the subject of previous appeals. See SPRl 7/380 Supervisor of Records Determination (March 30, 2017); SPR17/687 Determination of the Supervisor of Records (June 1, 2017); SPRl 7/1127 Determination of the Supervisor of Records (September 1, 2017). I closed SPRl 7 /1127 with the proviso that the Department provides responsive ·records without delay. The Department provided responsive records in an email dated September 5, 2017. On behalf of Mr. Gordon, Demetria Gordon informed this office she is seeking additional records from the Department that she believes are responsive to the original request. This appeal (SPRl 7/1510) was opened as a result.· Current appeal In her appeal petition, Ms. Gordon describes specific records she continues to seek that are responsive to the original request. For example, she seeks a "Certificate or Ce1tification awarded to Trooper John Morris Rocky (K9) frorri 2010 -2015" and "Days of active duty at Logan International Airport 30 days prior to August 11, 2011 and 30 days after August 11, 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

Alycia J. DeAngelis, Esq. SPR17/1510 Page 2 November 7, 2017 2011." Ms. Gordon provided this office a similar certificate obtained from a different police department as an example of the type of record she is seeking. She also asks that "[i]f specified officers were assigned to detective duty, please confirm their 'clock in' time and 'clock out' time." Please note this is not an exhaustive list of the issues described in the appeal. The Department must clarify whether it possesses any additional records responsive to Mr. Gordon's request, specifically those described in Ms. Gordon's appeal. 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 of records at thetime of the request. See G. L. c. 66, § 1O (a)(ii). If the Department possesses additional records, it must provide them in accordance with the Public Records Law and its Access Regulations (Regulations). I understand a Public Records Division staff attorney provided a copy of Ms. Gordon's correspondence describing the nature of the appeal, as well as the files associated with previous appeals with Mr. Gordon. Conclusion Accordingly, the Department is ordered to provide Ms. Gordon with a response to the request, provided 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. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma. us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Gordon Demetria Gordon