Wallack, Todd v. The Executive Office of the Governor (SPR 20150745)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 17, 2015 SPRlS/745 Ms. Cathy M. Judd-Stein, Esq. Deputy Chief Legal Counsel Office of the Governor State House, Room 271 Boston, MA 0213 3 Dear Attorney Judd-Stein: I have received the petition of Todd Wallack appealing the response of the Office of the Governor (Office) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Wallack requested a copy of the Office's response to a separate public records request made by another individual. Mr. Wallack also requested "electronic copies of text messages sent to or from the Governor Baker a particular date. In your response dated September 17, 2015, you provided a copy of the Office's response to the separate public records request made by the other individual. However, you denied Mr. Wallack's request for text messages, stating that the "Office of the Governor is not one of the instrumentalities enumerated" by the Public Records Law. See Lambert v. Executive Dir. ofthe Judicial Nominating Council, 425 Mass. 406,409 (1997). You further explained, however, "it is the voluntary practice of the Office to consider and respond to public records requests on a case by-case basis." Whereas the Supreme Judicial Court held that records of the Governor are not subject to mandatory disclosure under the Public Records Law, I will consider this administrative appeal closed. cc: Mr. Todd Wallack OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre