Susan L. Bach v. Office of the Attorney General (SPR 20170976)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records July 31, 2017 SPR17/976 Lorraine A.G. Tarrow, Esq. General Counsel's Office Office of the Attorney General One Ashburton Place, 20th Floor Boston, MA 021 08 Dear Attorney Tarrow: I have received the petition of Susan Bach appealing the response of the Office of the Attorney General (AGO) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, on May 30, 2017 Ms. Bach requested to be provided with "an evolving privilege log of the documents you are withholding," referring to a February 26, 2016 AGO response to a previous records request. This request was the subject of a recent appeal. See SPR17 /859 Determination of the Supervisor of Records (July 11, 20 17). Current appeal In Ms. Bach's appeal petition received on July 14, 2017 she references a February 26, 2016 response in which the AGO provided certain records but withheld others under the attorney-client privilege and Exemption (d) of the Public Records Law. G. L. c. 4, §7 (26)(d). Ms. Bach also references a May 30, 2017letter to the AGO in which she seeks an "evolving privilege log of the documents you are withholding." In her current appeal, Ms. Bach requests this office "order the Attorney General to produce all of the records they are withholding/redacting, trial transcripts, an index, and revised estimate of producing 'Fox 25 Ask the AG' related public records." In a June 30, 2017 letter the AGO explains "[a]ssuming that Ms. Bach is looking for transcripts related to the Bach matters, we responded to that request in 2016." The AGO also explains that with respect to the privilege log, the AGO has "declined to create such records for Ms. Bach, and we do not believe the public records law requires that we do so. I note that Ms. Bach's appeal pertains to requests made prior to the new provisions of the Public Records Law (Law) that went into effect on January 1, 2017. Therefore, the updated Law's provisions and 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. SPR17/976 Page 2 July 31,2017 regulations pertaining to the requirements for attorney client privilege indices do not apply to this request and appeal. See G. L. c. 66 § 10A(a). Ms. Bach also indicates she recently "requested the AG re-estimate the cost of producing 'Fox 25 Ask the AG' show records under the new law. They neglected to do so." Based on the documents provided in the appeal petition, it appears the AGO provided a response regarding this matter on March 21, 2016. Please note that the Public Records Access Regulations, which govern the procedural aspects of all appeals, require that an appeal to this office be filed within ninety days of the date of the request letter, or within ninety days of the date of a written response from the record custodian. See 950 C.M.R. 32.08 (1)(d); 950 C.M.R. 32.08 (1)(e). Accordingly, whereas Ms. Bach's current appeal pertains to requests and responses from 2015 and 2016, I decline to issue a determination regarding this matter. Ms. Bach may re-submit her requests to the AGO and, if applicable, file an appeal with this office accordance with 950 C.M.R. 32.08. Sincerely, ·~ Rebecca S. Murray Supervisor of Records cc: Susan Bach