John M. Thompson, Esq. v. Boston, City of - Police Department (SPR 20181738)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 13, 2018 SPRlS/1738 John M. Thompson, Esq. Thompson & Thompson, P.C. 1331 Main Street, Suite 320 Springfield, MA O1 103 Dear Attorney Thompson: I have received your request for reconsideration of a previous determination regarding your appeal related to the response of the City of Boston (City) to a request for public records. G. L. c. 66, § IOA; see also 950 C.M.R. 32.08(1 ). Specifically, you requested "copies of all documents recording any step of the efforts made by the Boston Police Department and/or by [the City's] office to discover the documents I requested in my November 27, 2017 and/or April 25, 2018 public records request" and "copies of all documents recording communications between a representative of the Boston Police Department or of [the City's] office and any person or agency outside the Boston Records Access office or the Boston Police Department about the documents I required in my November 17, 2017 and/or my April 25, 2018 public document requests." In my November 30th determination, I found it was unclear how the City had complied with requirements involved in providing a response to a request for public records and found that the City had not met its burden to withhold records under the common law attorney-client privilege. As a result, I ordered the City to provide you with another response to your request, provided in a manner consistent with the order, the Public Records Law and its Regulations within ten business days. In a letter dated December 1, 2018, you sought reconsideration of the determination. In your request for reconsideration you indicate you are "request[ing] for an order directing Attorney Williams to produce all responsive documents without invoking any privilege or exemption." After another careful and thorough review of this matter, I respectfully decline to reverse my findings. If you are not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See 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

John M. Thompson, Esq. SPR18/1738 Page 2 December 13, 2018 L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Shawn A. Williams, Esq.