Coppola, Virginia v. Office of the Attorney General - Environmental Protection Division (SPR 20150713)

Massachusetts Public Records Appeal · Public records appeal decision · Filed 09-09-2015

ClosedAppealDecision

SPR 20150713 is a Massachusetts Public Records Law appeal filed by Coppola, Virginia concerning records held by Office of the Attorney General - Environmental Protection Division, opened 09-09-2015. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.

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Case Details

Case Number: 20150713
Case Type: Appeal
Case Subtype: Initial
Status: Closed
Requester: Coppola, Virginia
Custodian: Office of the Attorney General - Environmental Protection Division
Date Opened: 09-09-2015
Date Closed: 12-11-2015

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The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A. Williams Supervisor of Records

December 11, 2015 SPR15/713

Ms. Hanne Rush, Esq.

Office of the Attorney General Division of Open Government One Ashburton Place

Boston, MA 02108

Dear Attorney Rush:

I have received the petition of Virginia Coppola appealing the response of the Office of Attorney General (AGO) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Coppola initially requested copies of records related to an Open Meeting Law complaint. In a response dated July 16, 2015, the Division of Open Government provided Ms. Coppola with sixty-three (63) pages of records and two (2) CD’s that were responsive to her request. Ms. Coppola appealed, stating the requested emails from two individuals were not included in the documents the AGO provided.

Subsequent to the opening of this appeal the AGO provided a further response to Ms. Coppola, including one additional record that was inadvertently omitted from the first response. In a telephone conversation with a member of my staff you confirmed that the AGO does not have a copy of the second email referenced by Ms. Coppola in her petition to this office. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26).