Hector Montalvo v. Lowell, City of - Police Department (SPR 20242498)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 16, 2024 SPR24/2498 Jacqueline Cook Lowell Police Department 50 Arcand Drive Lowell, MA 01852 Dear Ms. Cook: I have received the petition of Hector Montalvo appealing the nonresponse of the Lowell 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 August 3, 2024, Mr. Montalvo requested: [1] [T]he call for service for [identified location] to the lowell police for Friday August 2 around 7pm [2] [A]udio communication with dispatch and the two officers responding car . . . and car . . . for Friday August 2 around 7pm [3] [F]ull body cam video of both officers responding to [identified location] on Friday August 2 around 7pm [4] [N]ame and badge number of both officers responding to [identified location] on Friday August 2 around 7pm [5] [T]he work cell phone log for the officer driving car . . . who used that phone to call while performing his duties between 7:10 pm through 7:40 pm. who he contacted. [6] [A] copy of the Cease-and-desist notice sent to the city and the Lowell police on 5/9/2023. Claiming to not yet have received responsive records, Mr. Montalvo petitioned this office and this appeal, SPR24/2498, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. Montalvo with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the 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

Jacqueline Cook SPR24/2498 Page 2 September 16, 2024 response to this office at pre@sec.state.ma.us. Mr. Montalvo 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: Hector Montalvo