Michael Dreslinski v. Yarmouth, Town of - Police Department (SPR 20180559)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 27, 2018 SPRlS/559 Philip Magnuson Records and Evidence Officer Yarmouth Police Department One Brad Erickson Way West Yarmouth, MA 02673 Dear Mr. Magnuson: I have received the petition of Michael Dreslinski appealing the response of the Yarmouth Police Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dreslinski requested vendor invoices and paint and lettering specifications/instructions related to a recently purchased Department vehicle. The Department responded to Mr. Dreslinski's request by providing the vendor invoice and advised Mr. Dreslinski the paint and lettering specifications/instructions did not exist. Mr. Dreslinski appealed to this office stating he believed specifications/instructions must exist. Subsequent to the intervention by a member of the Public Records Division staff, the Department confirmed the requested paint and lettering specifications/instructions do not exist. 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, § lO(a)(ii). Accordingly, I will now consider this administrative appeal closed. Sincerely, ~~ Supervisor of Records cc: Michael Dreslinski 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