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Shane Moffat v. Executive Office of Public Safety & Security (SPR 20161239)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 12-27-2016
ClosedAppealDecision
SPR 20161239 is a Massachusetts Public Records Law appeal filed by Shane Moffat concerning records held by Executive Office of Public Safety & Security, opened 12-27-2016. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20161239
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Shane Moffat
- Date Opened
- 12-27-2016
- Date Closed
- 12-29-2016
- Petitions Regarding Fees
- No
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records . December 29, 2016 SPR16/1239 Shannon C. Sullivan, Esq. Executive Office of Public Safety & Security One Ashburton Place, Room 2133 Boston, MA 02108 Dear Attorney Sullivan: I have received the petition of Shane Moffat appealing the response of the Executive Office of Public Safety & Security (EOPSS) to a request for public records. G. L. c. 66 § 10(b); See also 950 C.M.R. 32.08(2). Specifically, Mr. Moffat requested documents related to a specifically identified program. Subsequent to intervention by a member of my staff, I learned that a representative from the EOPSS was contacted and informed this office that there is no program titled “Prisoner Substance Abuse Treatment” operated by the EOPSS. Documents that would be the closest in nature, titled “Residential Abuse Treatment” have already been provided to Mr. Moffat. Under the Public Records Law, EOPSS is not required to create a list of records or any record in response to a public records request. In addition, a public employee is not required to, answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). Accordingly, I will consider this administrative appeal closed seeing as EOPSS satisfied their burden in informing Mr. Moffat on the status (or lack thereof) of any pertinent documents while providing documents of a similar nature. 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 Shannon C. Sullivan, Esq. SPR16/1239 Page 2 December 29, 2016 Sincerely, Ki becoa Muory- Rebecca S. Murray Supervisor of Records ce: Shane Moffat