Jamie Folk v. Office of the Attorney General (SPR 20190450)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 11, 2019 SPR19/0450 Lorraine A.G. Tarrow, Esq. Office of the Attorney General One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Jamie Folk appealing the response of the Office of the Attorney General (Office) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Folk requested "[a]ll interviews (written, audio and video recordings) and investigation summaries, notes and emails for the Attorney General's investigation into the classification of federally schedule drugs that are not illegal in MA. The drugs in question could include, but aren't limited to, the following Molly, Foxy, Bath Salts, and BZP." Previous appeals This request was the subject of three previous appeals. See SPR19/0004 Determination of the Supervisor of Records (January 16, 2019); SPRl 8/1777 Determination of the Supervisor of Records (December 5,2018); SPR18/1108 Determination of the Supervisor of Records (August 8, 2018). I closed SPR19/0004 by finding the Office was to provide Mr. Folk with another response. Unsatisfied with the Office's responses, Mr. Folk petitioned this office and this appeal, SPRl 9/0450, was opened as a result. Current appeal In his petition for appeal, Mr. Folk indicates that the Office previously provided him with responsive records including emails and an interview. Mr. Folk indicates he also received responsive records from the Department of State Police which included an email which Mr. Folk asserts includes reference to interviews between an identified individual and the Office. Mr. Folk asserts the Office "did not include any interviews with [the identified individual] in its response to [his] request or even indicate that these interviews existed." Subsequent to the intervention of a Public Records Division staff attorney, I learned that 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

Lorraine A.G. Tarrow, Esq. SPR19/0450 Page2 March 11, 2019 the Office intends to provide Mr. Folk with another response addressing the issues raised in his petition for appeal. Conclusion Accordingly, I find the Office is to provide Mr. Folk with a supplemental response in a manner consistent with this determination, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jamie Folk