Anderson, Dean v. Department of Public Safety (SPR 20140530)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 17, 2014 SPR14/530 Ms. Caroline P. Torrisi, Esq. Department of Public Safety One Ashburton Place, Room 1301 Boston, MA 02108 Dear Attorney Torrisi: I have received the petition of Dean W. Anderson appealing the response of the Department of Public Safety (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Anderson requested copies of records regarding complaints made against his property by a specifically identified individual. On April 1, 2014 the Department provided several records responsive to his request. On September 12, 2014 Mr. Anderson appealed the response of the Department contending that there are additional records which have not been provided, consisting of exhibits associated with the complaints. In a September 30, 2014 email to an attorney on my staff you explained that the complaints were received in email form and did not have exhibits attached. Further you confirmed that following a diligent search of Department records Mr. Anderson has been provided with all documents in the Department's possession that are responsive to his 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) (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 you have provided copies of all responsive records in your custody, this administrative appeal is now closed. s Supervisor of Records cc: Mr. Dean W. Anderson OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre