Stanley Mazurczyk v. Reading, Town of - Police Department (SPR 20210790)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 9, 2021 SPR21/0790 Lieutenant Detective Richard P. Abate Records Access Officer Town of Reading – Police Department 15 Union Street Reading, MA 01867 Dear Lieutenant Detective Abate: I have received the petition of Stanley Mazurczyk appealing the response of the Reading Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. Mazurczyk requested “[r]ecords informing [an identified Lieutenant] of appointment to serve as MPAC assessor; [r]ecords of time [the identified Lieutenant] spent executing that assignment. Pay records will suffice; and [r]ecords of dates [the identified Lieutenant] spent re-accrediting Chelmsford Police Department.” On March 4, 2021, the Department provided a response, including responsive records. Unsatisfied with the March 4th provision of records, Mr. Mazurczyk petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Mr. Mazurczyk asserted in his March 29th petition that the Department provided incomplete records. On April 7, 2021, the Department provided a subsequent response, which contained accompanying responsive records. The Department’s response indicates that it has no further records in its possession, custody or control. The duty to comply with requests for information extends only 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 Where the Department has provided all the records in its possession that are responsive to Mr. Mazurczyk’s request, accordingly, I will consider this administrative appeal closed. 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

Lieutenant Detective Richard P. Abate SPR21/0790 Page 2 April 9, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk