Shibley, Craig v. Office of the Attorney General - Environmental Protection Division (SPR 20150923)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 4, 2016 SPR15/923 Ms. Lorraine A. G. Tarrow, Esq. Assistant Attorney General Office of the Attorney General General Counsel's Office One Ashburton Place, 20th Floor Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Craig Shibley appealing the response of the Office of the Attorney General (AGO) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Shibley requested copies of records held by the AGO's Non Profit Organizations/Public Charities Division related to six (6) law enforcement councils. You provided responsive records in a response dated December 17, 2015. Mr. Shibley appealed this response, indicating that this response was "limited." In a conversation with an attorney on my staff, you explained that the AGO provided all responsive records in its possession. Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). 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). Whereas the AGO provided all responsive records in its po ession, I will consider this appeal closed. cc: Mr. Craig Shibley OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre