David P. Russman, Esq. v. Office of the Attorney General (SPR 20160851)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records October 19, 2016 SPR16/851 Ms. Lorraine A.G. Tarrow, Esq. Assistant Attorney General Office of the Attorney General One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of David P. Russman, Esq. of McElroy, Deutsch, Mulvaney & Carpenter, LLP on behalf of his client, Safe Home Security, Inc. (SHS) appealing the response of the Office of the Attorney General (AGO) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Russman requested copies of consumer complaints filed with the AGO against SHS and a specifically identified attorney. In a September 27 response, the AGO denied Attorney Russman's request, citing Exemption (f) of the Public Records Law. Attorney Russman appealed. Right ofA ccess In his petition, Attorney Russman notified this office that his firm represents SHS. Under the Public Records Law, the personal status of Attorney Russman or his client in the matter in question provides no greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). As such Attorney Russman's relationship to SHS shall have no bearing on the public status of any responsive records. Current appeal It has come to my attention that you are the point of contact for public records appeals within the AGO. Further, I understand that you have reviewed the file associated with this appeal and intend to provide a supplemental response to Attorney Russman. Accordingly, I will consider this administrative appeal closed with the proviso that a supplemental response be provided, prepared in a manner consistent with this order, the Public Records Law and its One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Ms. Lorraine A.G. Tarrow, Esq. SPR16/851 Page 2 October 19, 2016 Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Attorney Russman may appeal the substantive nature of the AGO's response within ninety (90) days. See 950 C.M.R. 32.08(2). urs, cc: Mr. David P. Russman, Esq.