Jordan M. Rice v. Brockton, City of - Police Department (SPR 20191249)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 24, 2019 SPR19/1249 Stephanie Roberson Head Clerk Brockton Police Department 7 Commercial Street Brockton, MA 02301 Dear Ms. Roberson: I have received the petition from Jordan Rice appealing the response from the Brockton 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. Rice requested records which he believes are in the possession of the Department. Claiming to not yet have received responsive records, Mr. Rice petitioned this office and this appeal was opened as a result. June Jill response The Department responded to Mr. Rice on June 12, 2019 informing him that "[i]t is the department's policy" not to release arrest reports and redirected his inquiry, as well as his request, to the Brockton District Court. 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 ofrecords 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, § 1 O(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 in the possession of the Department. The Department explained that they will provide a 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

Stephanie Roberson SPR19/1249 Page 2 June 24, 2019 supplemental response to Mr. Rice addressing this issue. Conclusion Accordingly, the Department is ordered to provide Mr. Rice 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. Rice 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: Jordan Rice