Altin Berxhiku v. Billerica, Town of - Police Department (SPR 20241116)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 30, 2024 SPR24/1116 Andrew J. Devito Sergeant | Records & Scheduling Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: I have received the petition of Altin Berxhiku appealing the nonresponse of the Billerica Police Department (Department) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On March 29, 2024, Mr. Berxhihu requested: [1.] What were you doing at my house that late at night on 7/24/24? [2.] Did you hear noises coming out of my house[?] [3;] Did anyone living at the house call you for help? [4.] Who asked for your help[?] [5.] Why were you harassing my family that late at night. [6.] What history are you referring to? Claiming not to have received a response, Mr. Berxhihu petitioned this office and this appeal, SPR24/1116, was opened as a result. No Duty to Answer Questions Mr. Berxhiku 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). However, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Where Mr. Berxhiku submitted to the Department a list of questions, I find the Department has no duty under the Public Records Law to answer such questions. 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

Sergeant Andrew J. Devito SPR24/1116 Page 2 April 30, 2024 Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Altin Berxhihu