Amy M. Belger v. Boston, City of - Police Department (SPR 20190593)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 3, 2019 SPR19/593 Martha DeMaio Boston Police Department One Schroeder Plaza Boston, MA 02120 Dear Martha DeMaio: I have received the petition of Attorney Amy M. Belger appealing the response of the Boston Police (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically on December 18, 2018, Attorney Belger requested, "[a]ll documents in the possession of the Boston Police Department relative to the investigation into the homicide of [an identified individual] and the shooting of [an identified individual] on 3/2/01 at 299 Hyde Park A venue #3 in Jamaica Plain, District E-18." Current Appeal On December 26, 2018, the Department writes, "[i]n response to your request, a copy of the public portions of this file is available to you upon receipt of payment by check, money order or an allowed motion for funds in the amount of $305.95* ... All documentation provided to you will be done so in compliance with the Massachusetts Public Records Laws. The following exemptions will be applied with respect to your request." In a letter dated March 1, 2019, Attorney Belger writes, "I have called three times to follow up on the status of my pending public records request to you, received by you on December 17 , 2018, on which you billed me on December 26, 2018, and on which I submitted payment to you in the amount of $305.95 by first class mail dated December 28, 2018." Attorney Belger further states, "I have been calling because the check remains uncashed and the request remains un-responded to. No one ever calls me back, so I am writing in with all of the documentation enclosed that is related to this request. If you have no record of receipt of my payment on your end, please advise and I will gladly mail in a replacement check." Public Records Law Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within 10 business days of receipt 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

Martha DeMaio SPR19/593 Page2 April 3, 2019 L. c. 66, § lO(a)-(b ). The response may contain, among other things, an offer to provide records, a fee estimate for provision of the records, or a denial. G. L. c. 66, § lO(b). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. As of the date of this letter it is my understanding that the Department has not provided Attorney Beiger records responsive to her request. Order Accordingly, the Department is ordered to provide Attorney Belger with records responsive to her request, provided in a manner consistent with this order, the Public Records Law and its Regulations without delay. 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, ~~ Rebecca S. Murray Supervisor of Records cc: Amy M. Belger, Esq. Shawn Williams, Esq.