Cruthird, Dwayne v. Department of Criminal Justice Information Services (SPR 20150334)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords June 12, 2015 SPRlS/334 Ms. Michaela Dunne Director of Law Enforcement Services Department of Criminal Justice Information Service 200 Arlington Street, Suite 2200 Chelsea, MA 02150 Dear Ms. Dunne: I have received the petition of Dwayne Cruthird appealing the response ofthe Department of Criminal Justice Information Services (DCJIS) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Cruthird requested records regarding "the number of firearm licenses issued to applicants within the last 10 -years, that had at least a possession with intent to distribute class B." In a response dated March 2, 2015 you informed Mr. Cruthird that DCJIS does not maintain records responsive to his request. The duty to comply with requests for information extends only to those records that exist and are in the custody ofthe custodian ofrecords at the time of the request. See G. L. c. 4, § 7(26) (defining "custodian" as the public employee with routine access to or control of public records). There is no obligation to create a record in response to a request for public records. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). Whereas DCJIS does not maintain records responsive t this records request this administrative appeal is closed. cc: Mr. Dwayne Cruthird One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 · Fax (617) 727-5914 www.sec.state.ma. us/pre