Steven Fitzgerald v. Everett, City of - Police Department (SPR 20201841)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 13, 2020 SPR20/1841 Captain Paul Hamilton City of Everett Police Department 45 Elm Street Everett, MA 02149 Dear Captain Hamilton: I have received the petition of Steven Fitzgerald appealing the response of the City of Everett 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. Fitzgerald requested: “[a]ny spreadsheets or other documents that document (in whole or in part) [t]he total number of forfeiture or suspensions under M.G.L. ch. 140, § 125 [f]orfeiture or suspension of licenses; notice by year and by license type (LTC-A, LTC-B, Gunsmith, FID, etc.) for the previous five years.” In a September 29, 2020 response, Chief of Police Steven Mazzie informed Mr. Fitzgerald that his office does not process records requests. Chief Mazzie states, “[y]our request needs to go to Capt Paul Hamilton...” In an effort to resolve this appeal, a Senior Attorney in the Public Records Division contacted the Department, but was not able to connect directly with Captain Hamilton. Therefore, it is unclear whether Mr. Fitzgerald’s request is being responded to by the Department. Please be advised, this office provided the Department was another copy of the request and a copy of the file pertaining to this appeal, SPR20/1841. Conclusion Accordingly, the City is ordered to provide Mr. Fitzgerald with a response to the request, in a manner consistent with this order, the Public Records Law and its Regulations within 10 business days. 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

Captain Paul Hamilton SPR20/1841 Page 2 October 13, 2020 Sincerely, Rebecca S. Murray Supervisor of Records cc: Steven Fitzgerald