William McDonagh v. Suffolk County Sheriff's Department (SPR 20181861)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 10, 2018 SPRlS/1861 Maria F. Romero, Esq. Assistant General Counsel Suffolk County Sheriff's Department 132 Portland Street Boston, MA 02114 Dear Attorney Romero: I have received the petition of William McDonagh appealing the response of the Suffolk County Sheriff's Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. McDonagh requested a copy of: "the Nashua St. Jails Operating policy in regards to inmates being 'Bottom Bunk Approved.'" In its November 15, 2018 response, the Department informed Mr. McDonagh that the Department does not possess records responsive to the request. By telephone to this office on December 7, 2018, the Department confirmed that it has no records responsive to Mr. McDonagh' s request. 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). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § lO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). Accordingly, I find the Department has met its burden in responding to this request. See G. L. c. 66, § 1 O(b )(ii)(iii). Consequently, I consider this administrative appeal closed. Sincerely, ~~ Supervisor of Records cc: William McDonagh 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