Capozzi, Derek v. Office of the Attorney General - Non-Profit Organizations/Public Charities Division (SPR 20140041)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division April29, 2014 Shawn A. Williams Supervisor ofR ecords SPR14/041 Mr. Derek A Capozzi United States Penitentiary ADMAX Box 8500 Florence, CO 81226 Dear Mr. Capozzi: I have received your petition appealing the response of the Office of the Attorney General (AGO) to your request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, you requested records related to a homicide investigation and prosecution. In a letter dated January 30, 2014 an Assistant Attorney General informed you that the AGO does not have records responsive to your requests. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7 (26) (defining "custodian" as the public employee with routine access to or control of public records). There is no obligation to create a record in response to a request for public records. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). There is a presumption that all government employees perform their duties in an honest and impartial manner. LaPointe v. License Bd. ofWorcester, 389 Mass. 454, 459 (1983) see also Konover Mgt. Corp v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992) (presumption that public officials will perform honestly and impartially). Furthennore, it is the duty of a record custodian to use his superior knowledge of the records to assist a requester in obtaining the records 950 C.M.R. 32.05(4). Whereas there are no records responsive to your request this administrative appeal is closed. Supervisor of Records cc: Office of the Attorney General OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre