Todd Wallack v. Fitchburg, City of - Police Department (SPR 20211929)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 9, 2021 SPR21/1929 Captain Matthew LeMay City of Fitchburg Police Department 20 Elm Street Fitchburg, MA 01420 Dear Captain LeMay: I have received the petition of Mr. Todd Wallack appealing the nonresponse of the City of Fitchburg Police Department (Department) to his request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Wallack submitted a request for the “[d]ocuments showing the names of sworn officers within the Fitchburg Police Department who were terminated for misconduct, agreed to resign or retire to resolve misconduct accusations, or resigned or retired with a pending internal affairs investigation since January 1, 2010” within the possession of the Department. Claiming to not yet have received a response, Mr. Wallack petitioned this office and this appeal was opened as a result. Subsequently, I learned that a representative from the Department intends on providing a written response to Mr. Wallack. Accordingly, the Department is ordered to provide Mr. Wallack with a response made in accordance with the Public Records Law, its Access Regulations and this order within 10 business days. It is preferable to send an electronic copy of the response to this to this office at pre@sec.state.ma.us. Mr. Wallack may appeal the substantive nature of the Department’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Todd Wallack 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