Wayne Napolitano v. Everett, City of - Police Department (SPR 20221438)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 7, 2022 SPR22/1438 Capt. Scott Stallbaum Everett Police Department 45 Elm Street Everett, MA 02149 Dear Capt. Stallbaum: I have received the petition of Wayne Napolitano appealing the nonresponse of the Everett Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, on June 3, 2022, Mr. Napolitano requested “all internal affairs complaints and lawsuits filed against [named person] during his time as an Everett police officer.” Claiming to not yet have received responsive records, Mr. Napolitano petitioned this office and this appeal, SPR22/1438, was opened. Subsequent to the intervention by a staff member of the Public Records Division, I learned that the proper agent for handling public record requests never saw the inquiry as it was sent to an incorrect address. Mr. Napolitano should note that public record requests to the Department should be sent to: Capt. Scott Stallbaum Everett Police Department 45 Elm Street Everett, MA 02149 The Department has subsequently been provided with Mr. Napolitano’s request. The Department is ordered to provide Mr. Napolitano with a response in accordance with the Public Records Law and its Access Regulations within 10 business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Napolitano may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Capt. Scott Stallbaum SPR22/1438 Page 2 July 7, 2022 Sincerely, Rebecca S. Murray Supervisor of Records cc: Wayne Napolitano