Beth Eisenberg, Esq. v. Boston, City of - Police Department (SPR 20181548)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 1, 2018 SPR18/1548 Shawn Williams, Esq. Director of Public Records City of Boston - Public Records 1 City Hall Square, Room 615 Boston, MA 02201 Dear Attorney Williams: I have received the petition of Beth Eisenberg appealing the nonresponse of the Boston Police Department (Department) to her request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Eisenberg requested "written internal memoranda, protocols, regulations or policies of the Boston Police Department applicable between January 1, 1993 and December 31, 1994 to the process and/o r act of creating specific photo arrays or specific photo 'line ups' in furtherance of investigations into allegations of crimes," and "written internal memoranda, protocols, regulations or policies of the Boston Police Department applicable to the Boston Police Department's current retention of the specific photo arrays or specific photo 'line ups' that were presented to witnesses between January 1, 1993 and December 31, 1994, and where such witnesses were reported to have made 'positive' identifications of a photo or photos contained in such arrays." Subsequent to the intervention by a staff member of the Public Records Division, I learned that a representative from the Department is working to determine whether any responsive records exist and intends on providing Ms. Eisenberg with a y.,rritten response. Said response must be made in accordance with the Public Records Law and its Access Regulations within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Eisenberg 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: Beth Eisenberg 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