David P. Russman, Esq. v. Office of the Attorney General - Environmental Protection Division (SPR 20161006)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor of Records November 29, 2016 SPR16/1006 Lorraine A.G. Tarrow, Esq. Assistant Attorney General Office of the Attorney General General Counsel's Office One Ashburton Place Boston, MA 021 08 Dear Attorney Tarrow: I have received the petition of David P. Russman, Esq. of McElroy, Deutsch, Mulvaney & Carpenter, LLP appealing the nonresponse of the Office of the Attorney General (AGO) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney Russman requested a copy of all consumer complaints filed with the AGO against Safe Home Security, Inc. (SHS), and consumer complaints filed with the AGO against Frank J. Maier, Esq. or against the Law Office of Frank J. Maier & Associates. The AGO provided a response on September 27, 2016 denying the request pursuant to Exemption (f) of the Public Records Law. Attorney Russman appealed. The responsive records were the subject of a prior appeal and determination by this office See 16/851 Determination of the Supervisor of Records (October 19, 20 16). I closed 16/851 with the proviso that the AGO provide Attorney Russman a supplemental response to support its Exemption (f) claim to withhold the records in their entirety. Having not received a supplemental response Attorney Russman appealed, and the present appeal was opened. Right of access depends on content ofr ecords rather than interest of requester In his petitions to this office Attorney Russman mentions that his firm represents SHS and his client is interested in obtaining copies of any complaints to "permit SHS to evaluate these complaints in order to more effectively serve the needs of' its customers. It is important for Attorney Russman and his client SHS to understand that the status or interest of SHS affords no greater right of access whatsoever to the requested information. 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). Accordingly, the status of Attorney 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

Lorraine A. G. Tarrow, Esq. SPR16/1006 Page2 November 29, 2016 Russman or his client will play no role in a determination as to whether the records are public records. Present appeal In a letter to my office dated November 3, 2016 Attorney Russman appealed the nonresponse ofthe AGO to my prior administrative order. By letter dated November 18,2016 the AGO provided a written response to my administrative order. Whereas this matter was opened based upon the AGO's initial failure to provide a written response, I will now consider this administrative appeal closed. If, upon review of the foregoing, Attorney Russman wishes to appeal the AGO's November 18 response he may do so within ninety (90) days. See 950 C.M.R. 32.08(2). cc: David P. Russman, Esq.