Edward W. Pepyne, Jr. v. Division of Administrative Law Appeals (SPR 20190211)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords February 15, 2019 SPR19/0211 Edward McGrath Division of Administrative Law Appeals 1 Congress Street, 11th Floor Boston, MA 02114 Dear Edward McGrath: I have received the petition of Edward Pepyne Jr. appealing the response of the Division of Administrative Law Appeals (Division) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, on April 11, 2018 Mr. Pepyne requested all ex-parte communications between Rhoda Schneider and then-Chief Magistrate Richard Heildage. The Division responded on May 1, 2018, stating that there were no responsive records, but included all the communications within the Division concerning the case Mr. Pepyne was involved in, DESE v. Pepyne (docket number MS-15-103), but on which he was not originally copied. September 281 Request and the Division's Responses " On September 28, 2018 Mr. Pepyne requested all communications between Ms. Schneider and Mr. Heildage or their offices regarding DESE v. Pepyne and asserted that his April 11 request had not been answered to his satisfaction. The Division responded on October 18, 2018, enclosing several letters and memoranda concerning DESE v. Pepyne. Mr. Pepyne was informed that it would take approximately two weeks for the Division to perform the searches Mr. Pepyne requested. On November 2, 2018, the Division responded stating that they had completed the searches Mr. Pepyne requested and found no records responsive to his request past those previously provided. Unsatisfied with the School's response, Mr. Pepyne petitioned this office and this appeal, SPR19/0211, was opened as a result. The Public Records Law Under the Public Records Law, 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(b )(ii). Also, the duty to comply with requests for records extends to identifying the agency or municipality that may be in possession, custody, or control of the public record sought, iflmown. G. L. c. 66, § lO(b )(iii). 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

Division of Administrative Law Appeals SPR19/0211 Page 2 February 15, 2018 In light of the Division's responses, I find it has met its burden under G. L. c. 66, § lO(b)(ii) and G. L. c. 66, § lO(b )(iii), in providing records in its possession, custody, or control. Conclusion Accordingly, I will consider this administrative appeal closed. Sincerely, ~.~ Supervisor of Records cc: Edward Pepyne