Andrew Quemere v. Peabody Police Department (SPR 20201587)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 21, 2020 SPR20/1587 Lt. Douglas S. Marcus Keeper of Records Peabody Police Department 6 Allen’s Lane Peabody, MA 01960 Dear Lt. Marcus: I have received the petition Andrew Quemere appealing the response of the Peabody Police Department (Department) to requests for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Quemere requested several categories of records pertaining to internal affairs investigations within the Department. The Department responded on September 4, 2020, seeking additional time to respond to Mr. Quemere’s requests. Unsatisfied with the Department’s response, Mr. Quemere petitioned this office and this appeal, SPR20/1587, was opened as a result. Current Appeal In its response, the Department indicates that it intends to provide a response to the requests, and states that it “will be extending the time allotted for an additional twenty-five (25) business days to allow the department more time to investigate and complete the request.” In his appeal petition, Mr. Quemere states that “the law only allows 25 business days total, not 25 additional days” and asserts that the Department’s response is insufficient. Please note that G. L. c. 66, § 10(b)(vi) permits a municipality to “identify a reasonable timeframe in which the…municipality shall produce the public records sought; provided…for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records…..” Accordingly, the Department is ordered to provide Mr. Quemere with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within twenty-five business days of the initial receipt of the request. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. 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

Lt. Douglas S. Marcus SPR20/1587 Page 2 September 21, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Andrew Quemere