Fitzgerald, Steven v. Govenor's Legal Office (SPR 20140083)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords March 3, 2014 SPR14/083 Mr. Steven Fitzgerald P.O. Box 425763 Cambridge, MA 02142 Dear Mr. Fitzgerald: I have received your petition appealing the response of the Office of the Governor's Legal Counsel (Office of the Governor) to your January 17, 2014 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, you requested a copy of records related to a January 21, 2009 meeting of the Board ofBuilding Regulation (Board). In a response dated February 11, 2014 Jamie Hoag indicated that the Office of the Governor has no records responsive to your request. The letter suggested you contact the Board directly, and contact information to the Board was provided to you in the letter. The duty of a custodian of records to comply with requests for infonnation extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). Accordingly, whereas the Office of the Governor has indicated that it has no records responsive to your request and further whereas the Office of the Governor provided information with respect to the Board, which may have responsive records, i will consider this administrative appeal closed. Supervisor of Records cc: Office of the Governor's Legal Counsel OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre