Adam Bradley v. Billerica, Town of - Police Department (SPR 20181559)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 7, 2018 SPRlS/1559 Sergeant John Zarro Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Zarro: I have received the petition of Adam Bradley appealing the response of the Billerica 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, Mr. Bradley requested records regarding conduct complaints for an identified employee. The Department responded stating they had no such records. Mr. Bradley petitioned this office believing such records exist. No duty to create records Subsequent to the intervention by a member of the Public Records Division, this office was notified that no responsive records exist. Under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d ). 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. See G. L. c. 66, § 1 O(a)(ii). Accordingly, I will now consider this administrative appeal closed. Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Adam Bradley 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