Michael Dreslinski v. Greenfield, City of - Police Department (SPR 20181607)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 8, 2018 SPRlS/1607 Ms. Gillian Halkett Town of Greenfield Police Department 321 High Street Greenfield, MA 01301 Dear Ms. Halkett: I have received the petition of Michael Dreslinski appealing the response of the Town of Greenfield Police Department (Department) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Dreslinski requested a copy of: 1. All price quotes and purchase invoices for the Department vehicle involved in a fatal crash on High Street, Greenfield, in 2017; 2. All price quotes and purchase invoices to repair damage sustained to the Department vehicle in a fatal crash on High Street, Greenfield, in 2017; and 3. All photos depicting the Department vehicle after being involved in a fatal crash on High Street, Greenfield, in 2017. With the Department's August 10, 2018 response, Mr. Dreslinski was provided with a copy of the estimate for the vehicle, dated March 25, 2016, along with a copy of the invoice dated June 24, 2016. (Request 1) . The Department indicated that it has no record regarding quotes or purchase invoices to repair the vehicle, because this vehicle is not being repaired. (Request 2). In its initial August 1 oth response, the Department also claimed Exemption (f) to withhold any photos that the Department may have regarding an active and open investigation into the fatal automobile accident. (Request 3). During a November 2, 2018 telephone conversation with Jeffrey Bengtson, Esq., this office learned that in August the Department claimed Exemption (f) to withhold any photos that the Department might have in its custody due to an active and ongoing investigation. On November 211 d, Attorney Bengtson explained that the Department's investigation has concluded; therefore, he would conduct a search to see if the Department has photos in its custody. Attorney 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

Ms. Gillian Halkett SPR18/1607 Page2 November 8, 2018 Bengtson also explained that the Department of State Police was in charge of the investigation due to a fatality. (Request 3). In a November 7, 2018 supplemental response, the Department informed Mr. Dreslinski ih that it does not have any photos regarding this matter. The November response states, "I can confirm that our portion of this matter is now closed, and in response to your request for ' ... photos depicting the GPD vehicle after being involved in a fatal crash ... ,' please note we have no photos of the vehicle in question, these would have been taken by State Police as this was their investigation. Therefore, please direct any further inquiries to them." Under the Public Records Law, the records access officer shall 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'yGen. 157,165 (May 18, 1977). Conclusion Accordingly, given that the Department has provided all the records in its custody that are responsive to Mr. Dreslinski's, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael Dreslinski Jeffrey Bengtson, Esq.