William R. Najjar v. Office of the District Attorney - Middlesex District (SPR 20160774)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 29, 2016 SPR161774 Ms. KerryAnne Kilcoyne, Esq. Assistant District Attorney Middlesex District Attorney's Office 15 Commonwealth A venue Woburn, MA 01801 Dear Attorney Kilcoyne: I have received the petition of William Najjar appealing the response of the Middlesex District Attorney's Office (Office) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). This request was the subject of a previous appeal. See SPR16/0 17 Determination of the Supervisor of Records (January 25, 2016). In a response dated March 24, 2016 to that Determination, the Office explained that after a full and thorough search of its records the Office is unable to locate any information other than that previously provided to Mr. Najjar. Mr. Najjar appealed. 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). The Office has confirmed that all responsive records have been provided. Accordingly, I will consider this administrative appeal closed. cc: Mr. William Najjar OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre