Peggy L. Chaput v. Hull, Town of - Police Department (SPR 20181371)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 27, 2018 SPR18/1371 Office Michael J. Flaherty Hull Police Department 1 School St. Hull, MA 02045 Dear Officer Flaherty: I have received the petition of Peggy Chaput appealing the response of the Hull Police Department (Department) to a request for public records. G. L. c. 66, § 1O A; See also 950 C.M.R. 32.08(1). Specifically, Ms. Chaput requested various records concerning an identified incident. Current Appeal In an email dated September 12, 2018, Ms. Chaput states, "I would like to be provided with the requested records or a written explanation as to why the records are not being provided." In light of this email, SPR18/1371 was opened. September 26th Response Letter In an email to Peggy Chaput and a member of the Public Record Division dated September 26, 2018, you state, "I was able to find the video disk requested that was captured off the surveillance system accessed by Mrs. Chaput and captured by Officer Smith. I am unable to open the disk and have our IT Manager working to try to access the contents. I will let you both know what the results of this are." In regards to the form requested by Ms. Chaput, you note, "the form with the original paperwork does in fact show one box with an asterisk and the total of two boxes checked under the second section 'Questions.' I believe a copy was provided, but I will leave another copy up front at headquarters for pick up, or I can email it, whichever is easier." 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

Officer Michael Flaherty SPR18/1371 Page 2 September 27, 2018 September 2111 Response Letter In a follow up email dated September 27, 2018, you provided Ms. Chaput an update regarding the disk. In the September 2ih letter you state, "[t]here is nothing on it. As I said yesterday, I have 3 stills if you want them." Conclusion Based on a conversation with a member of the Public Records Division staff, it is my understanding that Officer Flaherty reached out to Ms. Chaput and has not received a response. In light of the Department's September 2ih letter, as well as its communication with this office, this office encourages the Department and Ms. Chaput to communicate further to enable the Department to provide the requested public records. G. L. c 66, § lO(a)(i) (the request must reasonably describe the public record sought). 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, § lO(a)(ii). If unresolved issues remain, Ms. Chaput may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Peggy Chaput