Carlos Henriquez v. Office of the Chief Medical Examiner (SPR 20161050)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 29, 2016 SPR16/1050 Lisa Riccobene, Paralegal Executive Office of Public Safety and Security Office of the Chief Medical Examiner 720 Albany Street Boston, MA 02118 Dear Ms. Riccobene: I have received the petition of Carlos Hemiquez appealing the response of the Office of the Chief Medical Examiner (Office) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Hemiquez requested information regarding a specifically identified employee's attendance work sheets. On June 20, 2016, the Office provided Mr. Hemiquez a printout of the hours worked by that individual. Mr. Hemiquez appealed the response believing that other responsive records exist. In reviewing Mr. Hemiquez' appeal this office was notified that all responsive records were provided and no other records 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 Office satisfied Mr. Hemiquez' request by providing all responsive records. cc: Carlos Hemiquez 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