Michael W. Lodge, Sr. v. Boston, City of - Police Department (SPR 20192102)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 29, 2019 SPR19/2102 Mr. Michael W. Lodge, Sr. 2 Clark Street P.O. Box 43 Norfolk, MA 02056 Dear Mr. Lodge: I have received your petition appealing the nonresponse of the Boston Police Department (Department) to your request for written confirmation from the Department that they "do not have [your] blood." 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 ten business days ofreceipt 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, § 1O (b ). All records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. When withholding requested records, a records custodian is required to provide a response that identifies "any records, categories of records or pmiions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based." G. L. c. 66, § 1O (b )(iv). Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. See G. L. c. 66, § lO(a); Reinstein v. Police Comm'r of Boston, 378 Mass. 281, 289- 90 (1979) (the statutory exemptions are narrowly construed and are not blanket in nature). 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). 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

Mr. Michael W. Lodge, Sr .. SPR19/2102 Page 2 October 29, 2019 Conclusion I find the basis of your appeal is unclear. For example, it is uncertain if you are requesting public records or asking the Department a question. Please note, the Department is not required to create a record in response to a public records request or answer questions. See G. L. c. 66, § 6A( d). You may resubmit an appeal to this office once the nature of the appeal has been clarified. See 950 C.M.R. 32.08(1)(f) (all petitions for appeal shall be in writing and shall specifically describe the nature of the requestor's objections to the response or failure to provide a timely response). I will now consider this administrative appeal closed. Sincerely, ~r~ Supervisor of Records cc: Shawn A. Williams, Esq.