Michael Dreslinski v. Brockton, City of - Police Department (SPR 20181594)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 8, 2018 SPRlS/1594 Captain William Hallisey City of Brockton Police Department 7 Commercial Street Brockton, MA 02302 Dear Captain Hallisey: I have received the petition of Michael Dreslinski appealing the response of the City of Brockton Police Department (Department) to a requestfor publicrecords. G. L-. c. 66,§-1-0A; see also 950 C.M.R. 32.08(1). Specifically, on February 22, 2018, Mr. Dreslinski requested various categories of records related to police cruisers. Prior appeal - SPRl 8/1049 On April 20, 2018, the Department provided a response to Mr. Dreslinski including a redacted responsive record without claiming an exemption in the Public Records Law to withhold the redacted information in the responsive price quotation/estimate. As a result, Mr. Dreslinski petitioned the Supervisor of Records (Supervisor), and SPRl 8/1049 was opened. See Determination of the Supervisor (August 1, 2018). On August 22, 2018, the Department provided an un-redacted price quotation/estimate in response to the August 1, 2018 determination of the Supervisor. Current appeal - SPRl 8/1594 In an October 27, 2018 petition to the Supervisor, and received on October 29t\ Mr. Dreslinski indicates that he received a redacted price quotation/estimate. As a result, this appeal was opened. After this appeal was opened, this office confirmed that on August 22, 2018, the Department provided this office with an un-redacted copy of the price quotation/estimate. The Department also informed this office the record was sent to Mr. Dreslinski back in August, and that it has no further records responsive to his original February 22nd request for records pertaining to police cruisers. Under the Public Records Law, the records access officer shall 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

Captain William Hallisey SPR18/1594 Page 2 November 8, 2018 identify any records that are not within its possession, custody or control of the public record sought. See G. L. c. 66, § 6A(d); see also 950 C.M.R. 32.06(3)(c)(2). There is no obligation to create a record in response to a public records request. 32 Op. Att'y Gen. 157, 165 (May 18, 1977). Conclusion Accordingly, given that the Department has provided the un-redacted record, and has no further records responsive to the request, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Dreslinski