Thomas Greve v. MassBay Community College (SPR 20171721)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 19, 201 7 SPR17/1721 Eileen Gerenz Associate Vice President for Finance and Administration Massachusetts Bay Community College 50 Oakland Street Wellesley Hills, MA 02481 Ms. Gerenz: I have received the petition of Thomas Greve appealing the response of Massachusetts Bay Community College (College) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Greve requested documents which "identify any public records or categories of public records sought that are not within the possession, custody, or control of the [College]. Further, the College must identify the agency or municipality that may be in possession, custody or control of the public record sought, if known." Subsequent to the intervention by a member of the Public Records Division, this office was notified that the College provided a response on December 18, 2017 that asserts "Massachusetts Bay Community College no longer has any materials in its custody related to the white female (Commonly referred to as "Lady of the Dunes"). All of the forensic materials were turned over to the Office of the Chief Medical Examiner for the Commonwealth." 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). Whereas this matter was opened based upon the College's failure to provide information pertaining to the possession, custody, or control of the records, I will now consider this administrative appeal closed. Mr. Greve may appeal the substantive nature of the response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~urr~ Supervisor of Records cc: Mr. Thomas Greve 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