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Steven Fitzgerald v. Everett, City of - Police Department (SPR 20181145)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 07-31-2018
ClosedAppealDecision
SPR 20181145 is a Massachusetts Public Records Law appeal filed by Steven Fitzgerald concerning records held by Everett, City of - Police Department, opened 07-31-2018. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20181145
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Steven Fitzgerald
- Custodian
- Everett, City of - Police Department
- Date Opened
- 07-31-2018
- Date Closed
- 08-01-2018
- Date Request Submitted
- 07-30-2018
- Response Provided Date
- 07-30-2018
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- 1 Business Day (8-1-18)
- 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
August 1, 2018 SPR18/1145
Capt. Paul Hamilton
City of Everett Police Department 45 Elm Street
Everett, MA 02149
Dear Capt. Paul Hamilton:
I have received the petition of Steven Fitzgerald appealing the response of the Everett Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Fitzgerald requested "[{a]ny and all reports, documents, logs, memo’s, disclosures, accounts, diary, script, evidence, instrument, notes, recordings, article, pages, notice, announcement, bulletin, message, conveyance, tapes, affidavit, manifest, notification, or contract pertaining to phone calls made to the Everett Police Department from EPD Officer Steven McLaughlin’s wife about the illegal drug use of Several Everett Police Officers." Having received no response, Mr. Fitzgerald petitioned this office.
Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. L. c. 66, § 10(a)-(b). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response.
Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that a response was provided, dated August 1, 2018. Whereas this matter was opened based upon the Everett Police Department’s failure to provide a written response, I will now consider this administrative appeal closed. Steven Fitzgerald may appeal the substantive nature of Everett Police Department’s response within ninety (90) days. See 950 C.M.R. 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
Everett Police Department SPR18/1145 Page 2 August 1, 2018
Sincerely,
Rebecca S. Relreceo.! d
Supervisor of Records
ce: Steven Fitzgerald