S. Howey v. Boston, City of - Police Department (SPR 20180734)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 24,20 18 SPR181734 Shawn A. Williams, Esq. Director of Public Records City of Boston 1 City Hall Plaza, Room 6 15 Boston, MA 02201 Dear Attorney Williams: I have received the petition of S. Howey appealing the response of the Boston Police Department (Department) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, S. Howey requested all records relating to an identified address on May 9, 2018. The Department's May 1 9thr esponse The Department provided S. Howey with a response dated May 19,2018 , and indicated that it has no records responsive to the request in its custody. Unsatisfied with this response, S. Howey petitioned this office, and this appeal was opened as a result. It is my understanding that a Public Records Division staff member contacted you regarding this appeal, and you provided a supplemental response dated May 24,20 18. Use of custodian 's superior knowledge In accordance with the Public Records Law, a custodian is expected to use their superior lmowledge of the records in their custody to assist the requestor in obtaining the desired information. 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, 5 lO(a)(ii). A records access officer must explain whether it possesses any other responsive records and use its knowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, 5 lO(b)(vii) (a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably) . - 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