Jamie Folk v. Office of the Attorney General (SPR 20170920)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofRecords June 14,2017 SPR171920 Lorraine Tarrow, Esq. Assistant Attorney General & Records Access Officer Office of the Attorney General One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: This Office has received the petition of James Folk appealing the non-response of the Office of the Attorney General (AGO) in regards to a June 26,2017 public records request. G. L. c. 66 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Folk requested copies of "interview notes, emails, text messages or voicemail pertaining to the Attorney General's [Olffice investigation of the relationship between" specific individuals. Having received no response, Mr. Folk petitioned this office. The Public Records Access Regulations, which govern the procedural aspects of all appeals, provide records custodians with ten business days in which a response to a public records request must be provided. See 950 C.M.R. 32.06 (2)(b); G. L. c. 66 5 10(b). The ten day time frame in which a custodian must respond had not elapsed when you contacted this Office. For future public records request appeals, please ensure that the ten business days have passed before you send your appeal to this Office. The AGO'S Julyl2th response In a July 12'" correspondence with this Office, the AGO indicates that it explained to you during a telephone conversation on July 6t'1 "that the AGO does not appear to have any records responsive to your request." The AGO also indicates that "you offered to provide us with additional information/documentation that may be useful in confirming whether the AGO would have any responsive records, without requiring a time-intensive review of the entire universe of records concerning the prosecution of' a specific individual, but has since not heard from you. Under the Public records Law, the AGO is not required to create a record in response to a public records request. See G. L. c. 66 5 6A(d); 32 Op. Att~G en. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those that exist at the time of the request. 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 Tarrow, Esq. Page 2 July 14,2017 G. L. c. 66 5 10(a)(ii). As the AGO does not possess records responsive to your request, and there is no duty to create such records, I will consider this appeal closed. If Mr. Folk is not satisfied with the resolution of this administrative appeal please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. G. L. c. 66 5 10(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Rebecca S. Murray Supervisor of Records cc: James Folk