Kevin F. Flynn v. Lawrence, City of - Police Department (SPR 20200665)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 28, 2020 SPR20/0665 Captain James Fitzpatrick Professional Standards/Accreditation Lawrence Police Department 90 Lowell Street Lawrence, MA 01840 Dear Capt. Fitzpatrick: I have received the petition of Kevin Flynn appealing the response of the Lawrence Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Flynn requested five categories of records pertaining to “sexual assault evidence collection (SAEC) kits…” The Department provided a response on April 13, 2020, indicating there are no responsive documents to his request. Unsatisfied with the Department’s response, Mr. Flynn petitioned this office and this appeal, SPR20/0665, was opened as a result. While this appeal was pending, the Department indicated in an email to this office “[w]e have never maintained separate lists for sexual assault kits throughout the years.” Further, the Department explained “[w]e have an evidence policy but it does not specify anything in particular with regards to sexual assault kits.” The Department also notes to the best of their knowledge “we have never destroyed sexual assault kits.” No duty to create records Under the Public Records Law, the Department is not required to create a record in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). 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 James Fitzpatrick SPR20/0665 Page 2 April 28, 2020 Conclusion Accordingly, whereas the Department confirmed it does not possess records responsive to Mr. Flynn’s request, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Kevin Flynn