David Tuttle v. Bureau of the State House (SPR 20180660)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 22, 2018 SPR18/660 Tammy Kraus, Superintendent Commonwealth of Massachusetts Bureau of the State House State House, Room 1 Boston, MA 0213 3 Dear Superintendent Kraus: I have received the petition of David Tuttle appealing the response of the Bureau of the State House (Bureau) to a request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Tuttle requested the names of all State Representatives and State Senators and a copy of the Commonwealth of Massachusetts Constitution. The Department responded to Mr. Tuttle's request by providing links to the General Court and Massachusetts state website where the requested documents could be found. Mr. Tuttle appealed to this office stating he has no access to computers. Subsequent to the intervention by a member of the Public Records Division staff, the Bureau confirmed they are not in custody of the records Mr. Tuttle seeks. Under the Public Records Law, the Bureau 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 of records at the time of the request. See G. L. c. 66, § lO(a)(ii). Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: David Tuttle 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