Nina Sparling v. New Bedford, City of - Police Department (SPR 20230038)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 24, 2023 SPR23/0038 Officer Michael Boswell Record Access Officer New Bedford Police Department 871 Rockdale Avenue New Bedford, MA 02740 Dear Officer Boswell: I have received the petition of Nina Sparling appealing the response of the New Bedford Police Department (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 10, 2022, Ms. Sparling requested, “… any recordings or transcripts of the 911 calls listed in the attachment to this email.” Prior appeals This request was the subject of prior appeals. See SPR22/1289 Determination of the Supervisor of Records (June 15, 2022); SPR22/1720 Determination of the Supervisor of Records (August 10, 2022); and SPR22/2495 Determination of the Supervisor of Records (November 17, 2022). In my November 17th determination, I found that the Department had not met its burden to withhold the responsive records, in their entirety, under Exemptions (a) and (c) of the Public Records Law. On December 13, 2022, the Department responded, and provided further responses on December 30, 2022 and January 6, 2023. Unsatisfied with the Department’s responses, Ms. Sparling petitioned this office and this appeal, SPR23/0038, was opened as a result. Based upon a conversation between a Public Records Division staff attorney and a Department representative, it is my understanding that the Department intends on providing a subsequent response to Ms. Sparling. Accordingly, the Department is ordered to provide Ms. Sparling with said response, in a manner consistent with this order, the Public Records Law and its 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. Ms. Sparling may appeal the substantive nature of the Department’s response within ninety 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

Officer Michael Boswell SPR23/0038 Page 2 January 24, 2023 Sincerely, Manza Arthur Supervisor of Records cc: Nina Sparling Nicholas DeMarco, Esq.