James Henry v. Boston, City of - Police Department (SPR 20171738)

The Commonwealth ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 8, 2018 SPR17/1738 Lt. Michael McCarthy Director of Media Relations One Schroeder Plaza Boston, MA 02120 Lt. McCarthy: I have received the petition of James Hemy appealing the response of the Boston Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). On December 11, 2017, Mr. Hemy requested "[a]ll records, police reports, incident reports, incident logs, and investigative reports in possession of the Boston Police Department related to 38 Pratt St., Boston, MA 02134, Unit #2. Specifically in regards to the date of April 18, 2013." On December 18, 2017 the Department responded that "[a]fter an extensive search for police reports, incident reports, incident logs, and investigative reports, the Boston Police Department has found O responsive documents." Appeal Mr. Hemy appealed the Department's response believing that police were in fact dispatched to a certain address the night of April 18, 2013, and that the location is within the Department's jurisdiction. 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), (b)(ii). Based on Mr. Remy's assertions in his December 19, 2017 appeal, it is unclear whether the Department has responsive records in its possession. Conclusion Accordingly, the Department is ordered to produce responsive records to the exent such records are in its possession, in a manner consistent with this determination, the Public Record Law, and its Regulation within ten business days. The Department may file a request for reconsideration of this determination within ten business days of the date of this determination letter. 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 McCarthy SPRl 7/1738 Page 2 January 8, 2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. James Henry