Shibley, Craig v. Massachusetts Sheriffs Association (SPR 20140458)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 26, 2014 SPR14/458 Mr. James F. Walsh Executive Director Massachusetts Sheriffs' Association 271 Cambridge St., Suite 202 Cambridge, MA 02141 Dear Mr. Walsh: I have received the petition of Craig P. Shibley appealing the response of the Massachusetts Sheriffs' Association (MSA) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Shibley requested a copy of the "enabling legislation authorizing the creation" of the MSA "as a governmental agency." Mr. Shibley also requested a copy of your resume, as well as a copy of any policy record governing your appointment. In response you provided information from Chapter 149, Acts of2004. In his appeal Mr. Shibley questioned whether the information you provided was the enabling statute. Your actual response to Mr. Shibley's request is difficult to determine, as Mr. Shibley only provided a portion of that response in his appeal to this office. Mr. Shibley is advised that a request for appeals to the Supervisor of Records shall include a copy of the letter by which the request was made, and as available, a copy of the letter by which the custodian responded. See 950 C.M.R. 32.08(2). Mr. Shibley is advised that for future appeals he must include copies of the entire request as well as the entire response. In an effort to resolve this appeal an attorney on my staff spoke with you via, telephone. You indicated that the MSA has no additional records that are responsive to Mr. Shibley's request for enabling legislation language. You explained in the call that the MSA was created as a result of the language included within the budgetary appropriation that was cited by you. You also explained that this language governs your appointment as Executive Director and is responsive to the third part of Mr. Shibley's request. Finally, you indicated that you provided Mr. Shibley with a copy of your resume in response to the second part ofhis request. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. James F. Walsh SPR14/458 Page Two September 26, 2014 You followed this explanation with an email to an attorney on my staff, dated September 25, 2014, confirming that "the referenced enabling statute does not exist," and that "no other written records exist with respect to the initial authorization that permits our operation as a State Agency." This office will rely on the MSA's representation that it holds no further responsive records. See Konover Mgt. Corp. v. Planning Bd. Of Auburn, 32 Mass. App. Ct. 319, 326 (1992). Whereas the MSA has provided all responsive records related to Mr. Shibley's request, I will consider this administrative appeal closed. illiams Supervisor of Records cc: Mr. Craig P. Shibley