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Jessie Kwong v. Department of State Police (SPR 20180071)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 01-17-2018
ClosedAppealDecision
SPR 20180071 is a Massachusetts Public Records Law appeal filed by Jessie Kwong concerning records held by Department of State Police, opened 01-17-2018. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20180071
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Jessie Kwong
- Custodian
- Department of State Police
- Date Opened
- 01-17-2018
- Date Closed
- 01-31-2018
- Date Request Submitted
- 09-18-2017
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- 7 Business Days (2-9-29)
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 31, 2018 SPR18/071 Siobhan E. Kelly, Esq. Office of Chief Legal Counsel Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Dear Attorney Kelly: [have received the petition of Scott M. Carroll, Esq. of Boyle & Shaughnessy Law PC appealing the response of Massachusetts Department of State Police (Department) to a request for public records. G. L. ¢. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Lauren Hatch, Esq., also of Boyle & Shaughnessy Law PC, originally requested “copies of all documents, including logs and reports, in the possession or control of the Massachusetts State Police Department related to the April 8, 2014 incident involving Christopher McCarthy that occurred at Davitt Street and Savin Hill Avenue, Boston, Massachusetts.” On January 11, 2018, the Department said there were “no records in the possession of the Massachusetts State Police.” Appeal Attorney Carroll appealed the Department’s response believing that responsive records do exist in the possession of the Department. 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 the time of the request. See G. L. c. 66, § 10(a)(ii), (b)(ii). Also, the Department has the duty to identify the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § 10(b) (iii). Conclusion Accordingly, the Department is ordered to produce any responsive records in its possession in a manner consistent with this determination, the Public Record Law, and its Regulation within ten business days. A copy of 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. Attorney Carroll may appeal the substantive nature of the revised response within ninety days. See 950 C.MLR. 32.08(1). 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 Siobhan E. Kelly, Esq. Page 2 January 31, 2018 ce: Scott M. Carroll, Esq. SPR18/071 Sincerely, Relecco Munay, Rebecca S. Murray Supervisor of Records