Kevin Lopez v. Dighton, Town of -- Police Department (SPR 20191216)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 20, 2019 SPR19/1216 Robert L. McDonald Chief of Police Dighton Police Department 1458 Somerset Avenue Dighton, MA 02 715 Dear Chief McDonald: I have received the petition from Kevin Lopez appealing the response from the Dighton Police Department (Department) regarding a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Lopez requested records which he believes are in the possession of the Department. Claiming to not yet have received responsive records, Mr. Lopez petitioned this office and this appeal was opened as a result. June 10th response The Department responded to Mr. Lopez on June 10, 2019 informing him that the records he "requested are in the possession of the Bristol County District Attorney's Officer" and provided Mr. Lopez with the contact information for a Records Access Officer within the Bristol County District Attorney's Office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten business days of receipt of the request. G. 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. 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. See G. L. c. 66, § lO(a)(ii), (b)(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, if known. See G. L. c. 66, § lO(b)(iii). In a conversation with a staff member of the Public Records Division, an agent of the Department was made aware that the Department has a duty to explain which records, if any, are 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

Robert L. McDonald SPR19/1216 Page 2 June 20, 2019 in the possession of the Department. The Department explained that they will provide a supplemental response to Mr. Lopez addressing this issue. Conclusion Accordingly, the Department is ordered to provide Mr. Lopez with a response in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Lopez may appeal the substantive nature of the Department's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Kevin Lopez