Moffat, Shane v. Department of Labor Relations (SPR 20140719)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 20, 2015 SPR141719 Ms. T. Jane Gabriel, Esq. Department of Labor Relations 19 Staniford Street, 1st Floor Boston, MA 02114 Dear Attorney Gabriel: I have received the petition of Shane Moffat appealing the response of the Department of Labor Relations to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Moffat requested information pertaining to copies of records regarding written constitutions and/or bylaws produced by labor organizations operating in Massachusetts. You responded that the Department does not maintain such records and does not have records responsive to Mr. Moffat'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) (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 Department has no records responsive to Mr. Moffat's request I will consider this administrative appeal closed. aw . Williams Supervisor of Records cc: Mr. Shane Moffat OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre