Rodolfo Carr v. Boston, City of - Police Department (SPR 20191512)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 13, 2019 SPR19/1512 Shawn A. Williams, Esq. Records Access Officer City of Boston - Police Department One Schroeder Plaza Boston, MA 02120 Dear Attorney Williams: I have received the petition of Rodolfo Carr appealing the nonresponse of the City of Boston Police Depaiiment (City) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Carr requested records related to an identified victim. This request was the subject of a previous appeal in which Mr. Carr claimed he had not received a response from the City. See SPR19/1252 Determination of the Supervisor of Records (July 8, 2019). I closed SPRl 9/1252 upon learning that a representative from the City intended to provide a written response to Mr. Carr. Claiming to have yet to receive a response, Mr. Carr petitioned this office and this appeal, SPRl 9/1512, was opened as a result. 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. It is my understanding Public Records Division staff members attempted to contact the City while this appeal was pending, but were unsuccessful. Accordingly, the City is ordered to provide a response to Mr. Carr in accordance with SPRl 9/1252, the Public Records Law, its Regulations and this order without further delay. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Carr may appeal the substantive nature of the City's response within ninety days. See 950 C.M.R. 32.08(1). 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

Shawn A. Williams, Esq. SPR19/1512 Page 2 August 13, 2019 Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Rodolfo Carr