Richard B. Martin, Jr. v. Office of the Attorney General - Environmental Protection Division (SPR 20160340)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords May 25,2016 SPR16/340 Ms. Lorraine A. G. Tarrow, Esq. Assistant Attorney General Office of the Attorney General General Counsel's Office One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Richard B. Martin Jr., Esq., appealing the response of the Office of the Attorney General (AGO) to a request for information. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Martin requested copies of records related to certain law enforcement programs. In its initial response the AGO stated Mr. Martin's request was "incomplete," and Mr. Martin appealed. In a second response dated May 19, 2016 the AGO informed Mr. Martin that it has no records responsive to his request for information. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). Whereas the AGO does not possess records responsive to Attorney Martin's request for information, this appeal is closed. cc: Mr. Richard B. Martin, Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre