Charles Dyous v. Brockton, City of - Police Department (SPR 20181227)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 27,20 18 SPR1.811227 Sgt. Kenneth Lofstrom Brockton Police Department Internal Affairs Unit 7 Commercial St Brockton, MA 02302 Dear Sgt. Lofstrom: I have received the petition from Charles Dyous appealing the denial of access to public records by the Brockton 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 July 15,2018, Mr. Dyous made a public records request to the Department for public records of a certain murder investigation. The Department provided Mr. Dyous with a response on July 27,2018. Mr. Dyous appealed the Department's response stating the Department is refusing to provide him the requested records. The Department issued a subsequent response on August 15,2018 . Appeal 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, 5 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, 5 10(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. 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), (b)(ii). The Department's response on August 15 ths tated they cannot produce the records of the murder investigation because "we do not have any records responsive to your request." The Department also indicated that the State Police Detective Unit of Plymouth County is the custodian of Mr. Dyous' requested records. The Department informs Mr. Dyous that he needs to make a public records request with the State Police Detective Unit of Plymouth County for the records he seeks. G. L. c. 66, 5 lO(b) (iii) (The duty to comply with requests for records 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

Sgt. Kenneth Lofstrom Page 2 August 27,2018 extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known.). Further, in light of the Department's August 15 thr esponse confirming there are no more responsive records in the Department's possession and informing Mr. Dyous he should contact the State Police, I find the Department has met its burden in responding to this request. G. L. c. 66, 5 lO(b)(ii)(iii). Sincerely, u Rebecca S. Murray Supervisor of Records cc: Mr. Charles Dyous