Maryan Amaral v. North Attleboro, Town of - Police Department (SPR 20192124)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

October 30, 2019 SPR19/2124

Captain Joseph P. DiRenzo

North Attleboro Police Department 102 South Washington Street North Attleboro, MA 02760

Dear Captain DiRenzo:

I have received the petition of Maryan Amaral, on behalf of Citizens for Access, Inc., appealing the response of the North Attleboro Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Amaral requested various records including “copies of all data presented to MADD...in October 2018” for an identified officer as well as the identified officer’s “number of convictions of other drivers this officer issued citations towards including persons with disabilities.”

Previous Appeal

This request was the subject of a previous appeal. See SPR19/2073 Determination of the Supervisor of Records (October 16, 2019). In my October 16" determination, the appeal was closed after the Department sent a response to Ms. Amaral on October 10, 2019, that included the responsive records. Ms. Amaral is appealing this October 10" response claiming to not have received all the responsive records, While this appeal was pending the Department provided a supplemental response on October 28, 2019.

The Department’s October 10" and October 28" responses

In its October 10, 2019 response, the Department indicates “[flollowing a diligent review — of your request and its records, please be advised that the Police Department does not have records responsive to most of your request. However, in addition to the records the Police Department has already provided you concerning [the Officer’s] MADD award in 2010, we are able to get his total number of ‘Operating Under the Influence of Alcohol’ arrests for the year of 2018..,[e]nclosed please find records relative to said portion of your request.”

In its October 28, 2019 supplemental response, the Department indicates “[t]he Police Department has, once again, carefully reviewed your requests and its records related to the

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

Captain Joseph P. DiRenzo SPR19/2124 Page 2 October 30, 2019

MADD certificate process. After diligent inquiry in good faith, please be advised that the Police Department does not have any records responsive to the items sought in your above request regarding the MADD documents. As a courtesy, on this occasion only, the Police Department is providing you with a copy of a blank MADD award for 2017 that it located in its files.”

No Duty to Create Records

Please be advised, under the Public Records Law the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Atty Gen. 157, 165 (May 18, 1977). 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, § 10(a)(ii).

Conclusion Whereas the Department has provided responsive documents and indicated that it does not possess additional responsive records, accordingly, I will consider this administrative appeal

closed.

LD lesen

Klerca S. Murray Supervisor of Records

ce: Maryan Amaral