Sarah L. Ryley v. Department of Fire Services (SPR 20221849)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 23, 2022 SPR22/1849 MaryElizabeth Lynch-Lent, MPA Paralegal/Records Access Officer Department of Fire Services P.O. Box 1025 – State Road Stow, MA 01775 Dear Ms. Lynch-Lent: I have received the petition of Sarah L. Ryley, of the Boston Globe, appealing the response of the Department of Fire Services (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 18, 2022, Ms. Ryley requested “…any records pertaining to Fire Marshalls’ inspections and investigations of . . . Great Road, Littleton, MA from Jan. 1, 2016 through the present date. The records should include any relevant data, documents, emails, letters, photos, videos, and audio recordings stemming from the inspections and investigations.” On August 3, 2022, the Department provided Ms. Ryley with copies of responsive correspondence and reports. A few moments later, Ms. Ryley sent an email to the Department, “I would also like the videos that were turned over to the Fire Marshall. Can you send those this week?” In an August 9, 2022 email to the Department, Ms. Ryley followed up on her request for the videos, asking whether the Department intends to provide the videos. When she did not receive a response, Ms. Ryley petitioned the Supervisor of Records, and this appeal was opened. In light of the above, it is unclear if the Department possesses records responsive to the request. 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). To the extent that the requested videos exist, I find the Department must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). 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

MaryElizabeth Lynch-Lent SPR22/1849 Page 2 August 23, 2022 Conclusion Accordingly, the Department is ordered to provide Ms. Ryley with a response to her request in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of the response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Ms. Ryley may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Sarah L. Ryley