Snell, Jr., Emory v. Office of the Chief Medical Examiner (SPR 20140775)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 13, 2015 SPR14/775 Ms. Jacqueline G. Faherty, Esq. General Counsel Office of the Chief Medical Examiner 720 Albany Street Boston, MA 02118-2518 Dear Attorney Faherty: I have received the petition of Emory G. Snell, Jr. appealing the responses of the Office of the Chief Medical Examiner (Medical Examiner) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Snell requested a copy of records regarding the State Panel of Pathologists and that of a specifically identified individual. In your first written response on November 6, 2014, you informed Mr. Snell that the Medical Examiner has no records responsive to his request for information regarding a "Panel of Pathologists," and you informed Mr. Snell that the specifically identified individual became a medical examiner in 1971. Mr. Snell appealed your November response, and after the appeal was opened in December, you provided this office with a second response sent to Mr. Snell and dated January 5, 2015. Your January 5 response explains that the Medical Examiner has no records related to any memberships associated with a panel of pathologists. Moreover, you explained that the Medical Examiner was created by statute, specifically M.G. L. c. 38, and that this statute makes no reference to a panel of pathologists, nor does the Medical Examiner have any records relating to such a panel. A custodian of records has no duty to create a record in response to a public records request. 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). A custodian should use his/her superior knowledge of the records to assist a requester in obtaining OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Jacqueline G. Faherty, Esq. SPR14/775 Page Two March 13, 2015 the records. 950 C.M.R. 32.05(4). Therefore, I must accept that the Medical Examiner understood the requests and responded to it with the best of your knowledge. This appeal is now closed. Supervisor of Records cc: Mr. Emory G. Snell, Jr.