Rodolfo Carr v. Boston, City of - Police Department (SPR 20180648)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 16, 2018 SPR18/648 Jennifer Samson Legal Assistant Boston Police Department Office of the Legal Advisor One Schroeder Plaza, 4th Floor Boston, MA 02120 Dear Jennifer Samson: I have received the petition of Rodolfo Carr 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). Specifically, Mr. Carr requested biographical information concerning a deceased individual. In a response dated March 9, 2018, the Department expressed to Mr. Carr that after a comprehensive search no biographical information was found concerning the deceased individual. Unsatisfied with the Department's response, Mr. Carr petitioned this office and SPRl 8/648 was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA( d); 950 C.M.R. 32.03(4 ). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). Conclusion 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, § 1O (a)(ii). As the Department does not possess records responsive to this request, and there is no duty to create such records, I will consider this appeal closed. 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

Jennifer Samson SPR18/648 Page2 May 16, 2018 If Mr. Carr is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Rodolfo Carr Martha J. DeMaio