Todd Wallack v. Executive Office of Public Safety and Security - Department of State Police (SPR 20160926)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 3, 2016 SPR16/926 Jenniffer P. Migliaccio, Esq. Staff Counsel Department of State Police State Police Headquarters 470 Worcester Road Framingham, MA 01702 Dear Attorney Migliaccio: I have received the petition of Todd Wallack appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). Specifically, as clarified in an October 21, 2016 email, Mr. Wallack requested copies of records detailing expenditures for each of the Department's Barracks. In the Department's October 21, 2016 response to Mr. Wallack, you explained that "the breakdown [Mr. Wallack is] seeking of budget and salaries by Barracks level does not 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 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). I find the Department responded to Mr. Wallack's request. If Mr. Wallack is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicab 'udicial remedies). cc: Todd Wallack 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