David Tuttle v. Hampden County Sheriff's Department (SPR 20181637)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 15, 2018 SPR18/1637 Theresa S. Finnegan, Esq. Hampden County Sheriffs Department 627 Randall Road Ludlow, MA 01056 Dear Attorney Finnegan: I have received the petition of David Tuttle appealing the nonresponse of the Hampden County Sheriffs Department to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on October 16, 2018, Mr. Tuttle requested "[a] copy of a five page petition that I filed and was signed by myself and is other prisoners and for any and all inmate responses by jail officials." Mr. Tuttle further explains this petition is "in regards to the signed petition for Native American religion's ceremonial meals on September 9, 2018." Current Appeal In a letter dated November 7, 2018, the Department provided Mr. Tuttle and this office a copy of the September 9th petition. The Department then states,"[w]e do not have any documents responsive to your request for correspondence from the HCSD written in response to your petition as none exist." No Duty to Create Records Please note that 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, § IO(a)(ii). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 1O (b )(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) ( custodian has the burden of establishing the applicability of an exemption). Conclusion i 11 In light of the Department's November letter to this office, I will now consider this administrative appeal closed. If Mr.Tuttle is not satisfied with the resolution of this 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

SPR18/1637 Theresa S. Finnegan, Esq. Page 2 November 15, 2018 administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G.L. c. 66, § IO(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: David Tuttle