Nuno Alves v. Massachusetts State Police (SPR 20190419)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 6, 2019 SPR19/0419 Nuno Alves P.O. Box 1218 Shirley, MA 01464 Dear Mr. Alves: I have received your petition appealing the response of the Department of State Police - Crime Laboratory (Department) to your request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, you requested records related to crimes alleged to have been committed by an identified individual. The requirements for an appeal are follows: Such appeal shall be in writing, shall include a copy of the letter by which the request was made and, shall include a copy of all correspondence from the custodian. The Supervisor shall accept an appeal only from a person who had made his or her record request in writing. An oral request, while valid as a public record request pursuant to 950 CMR 32.06(l)(a), may not be the basis of an appeal under 950 C.M.R. 32.08. See 950 C.M.R .32.08(1 )(g). Your petition indicates you were provided redacted records and specifically takes issue with the Department's basis for redaction. Additionally, you provided a response from the Department dated January 23, 2019 that references a previous response indicating that "[t]he Department's decision remains the same for the reasons previously stated in its response to you on August 15, 2018." Further, the Department makes reference to an "exemption list" that you were provided with. Please be advised that this office is not in possession of the Department's August 15, 2018 response, the "exemption list" or, as indicated in my previous determination, the redacted responsive records. See SPR18/0485 Determination of the Supervisor of Records (April 17, 2018). Although you provided this office with some letters from the Department, all the correspondence provided to you was not included in your most recent petition or any previous petition. Given that a copy of all the responses provided to you by the Department including the Department's August 15th response, an "exemption list," and the redacted responsive records were not included with your petition, we are unat,le to assist you in this appeal at this time. Please feel free to re-submit your appeal when you have retrieved copies of all the required documents-. 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

Nuno Alves SPR19/0419 Page2 March 6, 2019 Sincerely, Rebecca S. Murray Supervisor of Records cc: Michael B. Halpin, Esq.