Rodolfo Carr v. Office of the Chief Medical Examiner (SPR 20180178)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 15,2018 SPR181178 Lisa Riccobene Office of the Chief Medical Examiner 720 Albany Street Boston, MA 02 1 18-25 18 Dear Ms. Riccobene: I have received the petition of Rodolfo Carr appealing the response of the Office of the Chief Medical Examiner (Office) to a request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Carr requested "a copy of the table of contents for any and all practices, procedures, protocols, and rules and regulations regarding document relative to a homicide for the following date(s) 1969-19 77 ." In its December 27,2017 response, the Office indicates that it does not have the requested records because the Office was not established until 1983. Under the Public Records Law, the Office is not required to create a record in response to a public records request. See G. L. c. 66, 5 6A(d). The duty to comply with requests for records extends to those ~ecordsth at exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, 5 lO(a)(ii). Please be advised, an agency or municipality has a duty to direct the requestor to the entity that may be in possession, custody or control of the public record sought, if known. See G. L. c. 66, 5 lO(b)(iii). Given that the Office does not possess the requested records and is under no duty to create them, accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Rodolfo Carr One Ashburton Place, Room 1719, Boston, Massachusetts 02108 (61 7) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us