David Armstrong v. Office of the Attorney General - General Counsel's Office (SPR 20161243)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 30, 2016 SPR16/1243 Lorraine A.G. Tarrow, Esq. Assistant Attorney General Office of the Attorney General General Counsel's Office One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of David Armstrong, Senior Enterprise Reporter for STAT News appealing the response 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, Mr. Armstrong requested a copy of records held by the AGO regarding the investigation of Purdue Pharma L.P. that culminated with a 2007 settlement agreement between the company and the Commonwealth of Massachusetts. The AGO provided an initial response on June 28, 2016, stating that a search for the records would be conducted and that the AGO would notify Mr. Armstrong as soon as possible of the progress of its search. Mr. Armstrong appealed on December 28, stating that he has not been provided with the responsive records. Timeliness off urther response While the AGO provided its initial response within the required ten (1 0) days, the AGO has not provided the responsive records or an estimate if assessing fees for complying with the public records request within a reasonable time frame. In a December 29, 2016 telephone conversation, you informed an attorney on my staff that an employee in the AGO Press Office spoke with Mr. Armstrong on December 28, and that the AGO is working with Mr. Armstrong to provide him with the responsive records. The AGO's June 2016 response states that the AGO intends to waive applicable public records fees, however if providing the records requires significantly more time or resources than originally anticipated, a written, good faith estimate will be provided to Mr. Armstrong. See G. L. c. 66, § 1O (a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate) 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. SPR16/1243 Page 2 December 30, 2016 Accordingly, whereas, the AGO is working cooperatively with Mr. Armstrong to provide him with the responsive records, I will consider this /administrative appeal closed with the proviso that the AGO provide Mr. Armstrong with the records within a reasonable time frame, and in a manner consistent with the Public Records Law and Regulations. If the AGO provides a cover letter or written response to accompany the records, a copy of any such response must be provided to this office. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: David Armstrong