Michael W. Lodge, Sr. v. Office of the District Attorney - Suffolk County (SPR 20160754)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 29, 2016 SPR16/754 Ms. Dara Kesselheim, Esq. Assistant District Attorney Office of the Suffolk County District Attorney One Bulfinch Place, Suite 300 Boston, MA 02114-2921 Dear Attorney Kesselheim: I have received the petition of Michael W. Lodge, Sr. appealing the response of Office of the Suffolk County District Attorney (DAO) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Lodge requested that the DAO "forward me the cost of the police reports" related to a specific case that appears to involve Mr. Lodge. In a response dated May 10, 2016 the DAO provided "all of the police reports contained in [the responsive] file" at no charge. Mr. Lodge appealed, indicating he believes additional responsive records exist. In his appeal petition, Mr. Lodge indicates he is requesting the DAO "forward [to him] the remaining investigatory documents." Under the Public Records Law, the DAO is not required to create a list of records or any record in response to a public records request. In addition, 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). I understand you confirmed with an attorney on my staff that the DAO provided all responsive records in its possession. Whereas the DAO provided all responsive records, I will nsider this appeal closed. cc: Mr. Michael W. Lodge, Sr. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre