Shane Moffat v. Executive Office of Public Safety and Security - Department of Correction (SPR 20160516)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 19,2016 SPR16/516 Ms. Kimberly Lincoln Susan-Baranowski Correctional Center P. 0. Box 8000 Shirley, MA 01464 Dear Ms. Lincoln: I have received the petition of Shane Moffat appealing the response of the Department of Correction (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Moffat requested copies of records related to what he calls the "Security Threat Group Derailment Program". This request was the subject of a previous appeal. See SPR16/366 Determination ofthe Supervisor ofRecords (June 8, 2016). In a response to this Determination, in a response dated June 10, 2016 the Department provided Mr. Moffat with an un-redacted original program application. In its response the Department explained that a search of program material stored at the Souza Baranowski Correction Center yielded no additional information. Records in existence 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 there are no other records responsive to his request this appeal is closed. Shawn A. Williams Supervisor of Records cc: Mr. Shane Moffat OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre