Grossberg, Esq., Bernard v. Executive Office of Public Safety and Security - Department of State Police (SPR 20140153)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 24, 2014 SPR14/153 Bernard Grossberg, Esquire 15 Broad Street, Suite 240 Boston, MA 02109 Dear Attorney Grossberg: This office has received your petition appealing the response of the Department of State Police (Department) to your February 11, 2014 request for public records. G. L. c. 66, § 10(b) (Supervisor of Public Records has authority to resolve public records appeals); see also 950 C.M.R. 32.08(2) (appeal process). Specifically, you requested copies of records related to the custody and transport of your client, whom you identified in your request. In a February 19, 2014 letter, staff Counsel for the Department indicated that after a search no responsive records were found. In a telephone conversation with a member ofmy staff, staff Counsel confirmed that the Department has no responsive records. There is a presumption that all government employees perform their duties in an honest and impartial manner. LaPointe v. License Bd. of Worcester, 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 perforn1 honestly and impartially). Furthermore, 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 ). I accept that the Department understood your request and responded to it with the best of its knowledge. Whereas the Department has no records responsive to your request, I will consider this administrative appeal closed. cc: Glenn M. Rooney, Esquire OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre