Rich Saltzberg v. Dukes County Sheriff's Office (SPR 20210016)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 20, 2021 SPR21/0016 Major Greg Arpin Assistant Deputy Superintendent of Operations Dukes County Sheriff’s Office 149 Main Street P.O. Box 252 Edgartown, MA 02539 Dear Major Arpin: I have received the petition of Rich Saltzberg of the Martha’s Vineyard Times appealing the response of Dukes County Sheriff’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 15, 2020, Mr. Saltzberg requested “any and all sheriff's reports, investigative reports, or investigative documentation regarding…” a certain incident with named individuals The Office responded on October 19, 2020, indicating there were no records responsive to the request. Claiming responsive records exist, Mr. Saltzberg petitioned this office, and appeal SPR21/0016 was opened as a result. Current Appeal In his appeal petition, Mr. Saltzberg contends “records recently obtained by the newspaper from the Tisbury Police Department indicate Sgt. Daniel Marshall of the Dukes County Sheriff's Office generated a report on the matter….[b]ased on the information contained in the Tisbury Police records, the Dukes County Sheriff's Office did generate records regarding the above referenced matter and should have them archived and available to the public upon request.” Subsequent to the opening of this appeal, the Office provided a supplemental response to this office on January 20, 2020, stating “[w]e have completed an extensive search of our electronic and paper records and can find no records regarding the requested subject matter. In corresponding with the Tisbury Police Department, they have indicated that reports they have received were not on our letterhead, nor in a format consistent with our electronic reporting systems. It is our belief that any reports generated regarding the requested matter were filed with 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

Major Greg Arpin SPR21/0016 Page 2 January 20, 2021 the investigating agency, and did not flow through our agency.” Conclusion Whereas the basis of this appeal was opened as a result of the Office’s October 19th response, I will now consider this administrative appeal closed. Mr. Saltzberg may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Rich Saltzberg