Jamie Folk v. Office of the Attorney General (SPR 20171598)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 27, 2017 SPR17/1598 Lorraine A. G. Tarrow, Esq. Assistant Attorney General, Records Access Officer Office of the Attorney General One Ashburton Place, 20th Floor Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Jamie Folk appealing the response of the Office of the Attorney General (AGO) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Folk requested various documents pertaining to the AGO's investigation into the relationship of two identified individuals. Previous appeals This request was the subject of three previous appeals. See SPRl 7/920; SPR1033 and SPRl 7/1109 Determinations of the Supervisor of Records (Supervisor) (June 14, 2017; August 2, 2017 and August 31, 2017). I closed SPRl 7/1109 with the proviso that the AGO provide Mr. Folk with a supplemental response to his request. The AGO responded with a letter dated September 22, 2017. Unsatisfied with AGO's response, Mr. Folk petitioned this office and this appeal was opened as a result. Current appeal In its September 22nd response, the AGO indicates that its office spoke with Mr. Folk on July 6th and provided responses dated July 12th and August 16th. In all three responses the AGO stated that no investigation into the relationship of the two identified individuals was conducted by the AGO, therefore, they have no records responsive to the request. In both its September 22nd response and in a conversation with a Public Records Division attorney, the AGO confirms that no such investigation into this relationship was conducted. Furthermore, the AGO states in its September response that an investigation was conducted into the Hinton Lab. During that investigation, a State Police Detective who was 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. SPRl 7/1598 Page 2 November 27, 2017 assigned to work at the AGO conducted an interview with one of the identified individuals and issued an accounting of that interview to his then Commanding Officer. As you stated in your September response and explained to this office in a telephone discussion, the interview was conducted as part of the AGO's overall investigation into the Hinton Lab and that no investigation was conducted regarding any relationship between the two identified individuals. Consequently, the AGO reiterates that it has no records responsive to Mr. Folk's June 2ih request. No duty to create records 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, § 6A(d). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian ofrecords at the time of the request. See G. L. c. 66, § lO(a)(ii). Conclusion Accordingly, whereas the AGO has confirmed it has no records responsive to your request for documents pertaining to an AGO investigation into the relationship of two identified individuals, I consider this administrative 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. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, ~ Rebecca S. Murray Supervisor of Records cc: Jamie Folk Michael B. Halpin, Chief Legal Counsel, MSP