Colman Herman v. Office of the Governor - Legal Office (SPR 20170649)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 25, 2017 SPR17/649 Cathy M. Judd-Stein, Esq. Deputy Chief Legal Counsel Office of the Governor State House, Room 271 Boston, MA 02133 Dear Attorney Judd-Stein: I have received the petition of Colman Herman appealing the response of the Office of the Governor (Office) to a request for records. Specifically, Mr. Herman requested copies of Lieutenant Governor Karyn Polito's visitor log and daily schedule for the period of January 1, 201 7 to the present. In a response dated May 10, 2017 you explained "[t]his Office does not maintain a 'visitor log' on behalf of the Lieutenant Governor." You also state"[d ]ocuments otherwise responsive to your request have been withheld consistent with the public records laws as interpreted by the Supreme Judicial Court." Further, you reference a Supreme Judicial Court (Court) decision in which the Court held that the records of the Judicial Nominating Council were not public records. Lambert v. Exec. Dir. of the Judicial Nominating Council, 425 Mass. 406 (1997). The legal issues surrounding the public status of Office records are the subject of a review with the Office of the Attorney General (AGO). See SPRl 7/271 Determination of the Supervisor of Records (March 15, 2017). Accordingly, I decline to opine on this matter. See 950 CMR 32.08(2)(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Colman Herman 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