Dan Glaun v. Office of the District Attorney - Hampden District (SPR 20160859)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records October 20, 2016 SPR16/859 Maida H. Wassermann, Esq. Assistant District Attorney Office of the District Attorney- Hampden County 50 State Street Springfield, MA 01102 Dear Assistant District Attorney Wassermann: I have received the petition of Dan Glaun appealing the response of the Hampden County District Attorney (District Attorney) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Glaun requested a specific contract between the District Attorney's office and a private company. In the response it was stated that no such records exist. In his petition Mr. Glaun states his belief a responsive record does actually exist. 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 apublic employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). Order I find the District Attorney properly responded to a request for public records. Should Mr. Glaun wish he may restate his request and file a new request to the District Attorney. Mr. Glaun may appeal any subsequent response from the District Attorney within ninety (90) days. See 950 C.M.R. 32.08(2). a Su rvisor of Records cc: Dan Glaun 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