Dreslinski, Michael v. Massachusetts Environmental Police (SPR 20140479)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 19, 20 14 SPR14/479 Mr. Scott M. Duncan Operations Section Supervisor Massachusetts Environmental Police 251 Causeway Street, Suite 101 Boston, MA 02114 Dear Mr. Duncan: I have received the petition of Michael Dreslinski appealing the nonresponse of the Massachusetts Environmental Police (Environmental Police) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dreslinski requested an index of all Environmental Police records that relate to him. Having received no response, Mr. Dreslinski petitioned this office. Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 C.M.R. 32.05. The response may be an offer to provide records, a fee estimate for provision of the records, or a denial. The Department is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response. Subsequent to contact by my staff you informed this office that a response was provided. In your response letter, dated August 20, 2014, you indicated that the Environmental Police possesses no records responsive to Mr. Dreslinski's request. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26); see also 950 C.M.R. 32.03. Whereas the Environmental Police has no records responsive to Mr. Dreslinksi's request, I will consider this administrative appeal closed. s Supervisor of R cords cc: Mr. Michael Dreslinski OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre