Peter M. Chamberlin v. Fall River, City of - Police Department (SPR 20181663)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 27,20 18 SPR1811663 Kathleen Antone City of Fall River - Police Department Office of the Chief of Police 685 Pleasant Street Fall River, MA 02721-4305 Dear Ms. Antone: I have received the petition of Peter Chamberlin appealing the response of the City of Fall River - Police Department (Department) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Chamberlain requested "a copy of any and all -- CD's and DVD's in [an identified] incident report." Previous appeal; reconsideration; in camera review This request was the subject of a previous appeal, a subsequent reconsideration and an in camera review. See SPR1819 10 Determinations of the Supervisor of Records (September 6, 201 8, August 6,2018 and July 3,201 8). In my September 6'" determination, I found that the Department did not meet its burden to explain how an exemption applies to withhold the records in their entirety and ordered the Department to review the records, redact and segregate where necessary, and provide Mr. Chamberlin with responsive records. Subsequently, the Department provided responsive records to Mr. Chamberlin. Unsatisfied with the Department's response, Mr. Chamberlin petitioned this office and this appeal, SPR1811663, was opened as a result. Current appeal In Mr. Chamberlin's petition for appeal, he indicates that "[alfter revewing the DVD's the Fall River Police Department provided in [his] appeal, SPR181910, [he] realized that the 91 1 tape was not included. [His] original letter to the Fall River Police Department stated, 'any and all DVD's and CD's for [his] case."' 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. G. 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

Kathleen Antone Page 2 November 27,20 18 L. c. 66, 5 lO(a)(ii) (written response must "identify any public records or categories of public records sought that are within the possession, custody, or control of the agency"). Although the Department provided Mr. Chamberlin with some responsive records, based on Mr. Chamberlin's petition for appeal, it is uncertain whether the Department possesses additional responsive records. The Department must clarify this matter. Conclusion Accordingly, the Department is ordered to provide Mr. Chamberlin with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@- ,sec.state.ma.us. Sincerely, u Rebecca S. Murray Supervisor of Records cc: Peter Chamberlin