Peggy L. Chaput v. Hull Police Department (SPR 20181204)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 24, 2018 SPRlS/1204 Jean Marcinkewich Hull Police Department 1 School Street Hull, MA 02045 Dear Ms. Marcinkewich: I have received the petition of Peggy Chaput appealing the response of the Hull Police Department (Department) to his request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Chaput requested "regarding incident# 16-343-0F or# 16- 69-WA ... a copy of the video of the Malicious Destruction of Property referenced at the end of Officer Smith's Narrative" and "regarding ARR# 18-51-AR ... a copy of the Suicide Evaluation Form populated in its entirety as well as a copy of a blank Suicide Evaluation Form populated in its entirety." The Department responded to Ms. Chaput's request on August 3, 2018. Unsatisfied with this response, Ms. Chaput petitioned this office, and this appeal was opened as a result. Existence of responsive records In her appeal petition, Ms. Chaput claims there are records responsive to her request. In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in their custody to assist the requester in obtaining the desired information. See G. L. c. 66, § lO(b)(vii). Based on the Department's written responses, it is unclear if the Department possesses additional records responsive to Ms. Chaput' s request. The Department must clarify this matter. See G. L. c. 66, § lO(a)(ii) (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). · Conclusion Accordingly, the Department is ordered to provide a response to Ms. Chaput in accordance with the Public Records Law, its Access Regulations and this order within 10 business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. 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

Jean Marcinkewich SPRI8/1204 Page2 August 24, 2018 Sincerely, !4LwA~ Rebecca S. Murray Supervisor of Records cc: Peggy Chaput