Michael Morrissette v. Lowell, City of - Police Department (SPR 20191965)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 1, 2019 SPR19/1965 Jacqueline Cook Records Access Officer City of Lowell Police Department 50 Arcand Drive Lowell, MA 01852 Dear Ms. Cook: I have received the petition of Michael Morrissette appealing the response of the City of Lowell Police Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 50 C.M.R. 32.08(1 ). Specifically, Mr. Morrissette requested "a complete copy of my pre trial case file, including but not limited to all police reports, incident reports, witness statements, laboratory reports, grand jury minutes, and all appeal briefs and trial transcripts." Previous Appeal This request was the subject of a previous appeal. See SPR 19/1849 Determination of the Supervisor of Records (September 11, 2019). In my September 11th determination I ordered the Department to provide Mr. Morrissette with a response to his request for records. The Department provided Mr. Morrissette with a response on September 12, 2019, directing him to contact the Middlesex District Attorney's Office. Unsatisfied with the response he had received from the Department, Mr. Morrissette petitioned this office and this appeal was opened as a result. Current Appeal In his appeal petition, Mr. Morrissette states that he is "specifically requesting from the LPD any and all records relating to my arrest on Sept. 18-19, 1988 including, but not limited to, police reports, incident reports, witness statements, mug shots, etc." Based on the Department's response, it is unclear whether it possesses any records responsive to Mr. Morrissette's request. The Department must clarify this matter. 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

Jacqueline Cook SPR19/1965 Page 2 October 1, 2019 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) (written response must "identify any public records or categories of public records sought that are within the possession, custody, or control of the agency"). Conclusion Accordingly the Department is ordered to provide a response to Mr. Monissette consistent with this order, the Public Records Law, and its Access Regulations within ten (10) business days. 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: Michael Morrissette