Jay Rich v. Peabody, City of - Police Department (SPR 20220674)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 4, 2022 SPR22/0674 Captain Douglas S. Marcus City of Peabody Police Department 6 Allen’s Lane Peabody, MA 01960 Dear Captain Marcus: I have received the petition of Jay Rich appealing the response of the City of Peabody Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 11, 2022, Mr. Rich requested various records relating to an identified officer. In the Department’s February 18, 2022 response, it informed Mr. Rich that it has no records responsive to his requests, except the specifically identified officer’s training records that the Department provided. Additionally, any records in reference to any trials or motions to suppress hearings that the specifically identified officer testified at, the Department does not have any records, and referred Mr. Rich to the Peabody District Court other of the Massachusetts Trial Courts. As a result of the February 18th response, Mr. Rich petitioned the Supervisor of Records (Supervisor), and this appeal was opened. After this appeal was opened, the Department provided two responses on March 29th and April 1, 2022 regarding the records that are not in the Department’s possession. In its March 29th response, the Department indicates that it has no records responsive to Mr. Rich’s requests; except for the specified officer’s training records, which were provided to Mr. Rich. In an April 1, 2022 email to this office, the City confirmed it does not have additional responsive records. Mr. Rich is advised that the duty to comply with requests for records extends 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). In addition, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). 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 Douglas S. Marcus SPR22/0674 Page 2 April 4, 2022 Conclusion Accordingly, where the Department has provided the records in its possession, custody and control, I will consider Mr. Rich’s administrative appeal closed. If Mr. Rich 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: Jay Rich