Lawrence Bland v. Barnstable, Town of - Police Department (SPR 20210935)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 23, 2021 SPR21/0935 Kathleen I. Hinckley Records/Property Supervisor Town of Barnstable Police Department 1200 Phinney's Lane Hyannis, MA 02601 Dear Ms. Hinckley: I have received the petition of Lawrence Bland appealing the response of the Town of Barnstable Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 15, 2021, Mr. Bland specifically requested: “…any and all records, documents, etc. in regards to the preservation and copying of the booking and sally port videos.” In a March 25, 2021 response, the Department stated, “[w]ith respect to your request, please be advised that this Department does not have possession, custody or control of the records requested.” As a result, Mr. Bland petitioned the Supervisor of Records (Supervisor), and this appeal was opened. In his April 6th petition, Mr. Bland states, “…these recordings were Court ordered, and delivered to me.” After this appeal was opened, the Department clarified the response for this office. The Department explained that on March 15th, Mr. Bland did not request the actual video recordings but instead, he requested a document(s) that confirms the date and time that the Department directed that the responsive videos be preserved. On April 23rd, the Department confirmed its March 25th response that it has no written records or documentation pertaining to the date and time of the Department’s preservation of the responsive videos. No responsive record Mr. Bland is advised, under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions or do research in response to questions. The duty to comply with requests for information extends only to those records that exist and are in 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

Kathleen I. Hinckley SPR21/0935 Page 2 April 23, 2021 the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26); see also 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Conclusion Accordingly, where the Department has no records responsive to Mr. Bland’s request, I will consider this administrative appeal closed. If Mr. Bland is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: Lawrence Bland