Evan Anderson v. New Bedford, City of - Police Department (SPR 20180934)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Szpewisor of Records July 6,2018 SPR181934 Joseph C. Cordeiro Chief of Police City of New Bedford Police Department 87 1 Rockdale Avenue New Bedford, MA 02740 Dear Chief Cordeiro: I have received the petition of Evan Anderson appealing the non-response of the City of New Bedford (City) Police Department (Department) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). On June 5,2018 Mr. Anderson modified his June 4th request and added one additional item to his June 4thr equest, specifically: 1. All emails between Lieutenant Nathaniel Rodriguez and [animal control officer] Emanuel Maciel from April 1,201 8 through May 2 1,201 8 ; and 2. All emails between [animal control officer] Brandon George and [animal control officer] Emanuel Maciel from January 1,2018 through the date this request is processed. In his June 22,2018 petition to the Supervisor of Records (Supervisor), Mr. Anderson indicated that the Department did not respond to his revised and resubmitted request on June 5'" As a result, this appeal was opened. 10-day response time The Department and City is advised that under the Public Records Law and its Regulations, the Records Access Officer (RAO) must respond to requests without unreasonable delay and within ten (10) business days. The RAO may offer to provide records; provide a fee estimate, where applicable; or deny access to records. G. L. c. 66, 5 10(a-b); see also 950 C.M.R. 32.06(2)(a). Subsequent to the intervention by a Public Records Division staff attorney, this office was notified via email on July 5,2018 by Lisa A. Presby, a Legal Services Coordinator in the City's Office of the Solicitor, that Mr. Anderson was provided with records to his Request 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

Chief Joseph C. Cordeiro Page 2 July 6,201 8 Number 1, and that the Office of the Solicitor will provide the records responsive to Request Number 2 on July 6t". Accordingly, I will now consider this administrative appeal closed. Mr. Anderson may appeal the substantive nature of the Department's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Evan Anderson Lisa A. Presby