Tim McGuire v. Office of the Attorney General (SPR 20192360)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 9, 2019 SPR19/2360 Lorraine Tarrow, Esq. Office of the Attorney General One Ashburton Place Boston, MA 02108 Dear Attorney Tarrow: I have received the petition of Timothy McGuire appealing the nonresponse of the Office of the Attorney General (Office) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. McGuire requested e-mails exchanged between the Office and an identified domain name. Having received no response, he petitioned this office. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § lOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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, § lO(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). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § lO(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. 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 Tarrow, Esq. SPR19/2360 Page 2 December 9, 2019 Conclusion Despite being notified of the opening of this appeal, no response has been provided. Accordingly, the Office is to provide Mr. McGuire with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) 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, ~ I T ~ Supervisor of Records cc: Timothy McGuire

The Commonwealth of Massachusetts William Francis Galvin, Secretary ofthe Commonweahh Public Records Division Rebecca S. Murray Supervisor ofR ecords November 22, 2019 SPR19/2360 Tim McGuire 11 Cow;tney Street, #4 Fall River, MA 02720 Dear Mr. Tim McGuire: I have r~ceived your letter appealing the r·esponse of the Office of th.e Attorney General to your request for records.. · I have directed a· member of my staff, Anastasia Moawde, to review this matter. Upon completio~ of the review, I will advise you in writing.of the disposition of this case. If in the interim you receive a satisfactory response to your request, ~lease notify this office · immediately. Any further correspondence concerning this specific appeal should refer to the SPR case number listed under the date of this letter. Rebecca S. Murray Supervisor of Records cc:. Attorney Lorraine A.G. Tarrow OneAshburton Place~ Room 1719, Boston, Massachusetts 02108 · (617) 727"'.2832 · Fax (617) 727-5914 www.sec.state.ma. us/pre.

Rastellini, Patricia (SEC) From: Tim <timothyr.mcguire@gmail.com> Sent: Friday, November 22, 2019 7:10 AM To: SEC-DL-PREWEB; lorraine.tarrow@mass.gov Subject: Public Records Appeal Attachments: Coverletter.pdf; 2019RequestAGO.pdf; emailstring.pdf; LettertoDias.pdf Dear Ms. Murray -Please find attached a public records appeal attached to this e-mail. Thanks for your help. Tim McGuire 1

November 22, 2019 Rebecca S. Murray Supervisor of Public Records Secretary of the Commonwealth One Ashburton Place Boston, MA 02108 Re: Public Records Appeal Dear Ms. Murray: I would like to appeal the Attorney General's office non-response to my public records request of November 5, 2019. I learned, shortly before sending my request to the AGO that information they had provided to me in 2017 was inaccurate or at least no longer accurate. They had represented to me in 2017 that they did not have the technical ability to search their e-mail server for responsive documents. Thereafter in a separate public records matter, SPR1911840, the AGO suggested to another requester that they were willing to conduct exactly the type of search that they told me was not possible. I asked the office to run my search but have heard nothing since. Very truly yours, Isl Timothy R. McGuire

Public Records search issue Subject: Public Records search issue From: Tim <TimothyR.McGuire@gmail.com> Date: 11/5/19, 7:29 AM To: lorraine.tarrow@mass.gov Dear Ms. Tarrow - I am writing to you in hopes of resolving an apparent inconsistency in your office's responses to public records requests. In 2017, I wrote to you requesting certain e-mails exchanged between the AGO and e-mail accounts ending with the domain name "Suffolk.edu." (Request attached). I was repeatedly told that the AGO was unable to conduct this type of search. (e-mail string attached). However, in a response to a requester named Collin Dias, you suggested in a letter dated September 10 2019, that the AGO might perform a search for 1 e-mails exchanged between the AGO and e-mail accounts ending the "fallriverma.org" domain. I do not understqnd how you are able to perform Mr. Dias' search but not mine. Does this mean that the AGO is now able to process my request as I originally made it? Tim McGuire Attachments: Foia_T arrow.pdf 20.6 KB emailstring.pdf 46.2 KB LettertoDias.pdf 476 KB 1 of 1 11/22/19, 7:04 AM

Re: Your Recent Records Request Subject: Re: Your Recent Records Request From: Tim <TimothyR.McGuire@gmail.com> Date: 8/16/17, 6:34 PM To: "Altman, Oavid (AGO)" <david.altman@state.ma.us> Hi - Could you let me know if IT has completed their search? Thanks. On 06/28/2017 12:04 PM, Altman, David (AGO) wrote: Dear Mr. McGuire, Please find the attached .response to your recent records request, as modified below. We will provide you with a further response as soon as possible, but you may feel free to reach out to me with any questions in the meantime. Thank you, David From: Altman, David (AGO) Sent: Thursday, June 22, 2017 8:46 AM To: 'Tim' <timothyr.mcquire@gmail.com> Subject: RE: Your Recent Records Request Thank you. We'll be in touch with a response to your request as reframed below as soon as. possible. Please feel free to contact me in the meantime with any questions. - David From: Tim [mailto:timothyr.mcquire@gmail.com] Sent: Wednesday, June 21, 2017 7:27 PM To: Altman, David (AGO) <David.Altman@MassMail.State.MA.US> Subject: Re: Your Recent Records Request Ok, I think I can narrow the search to the AG e-mail accounts associated with the following five individuals: Matthew Berge; Amy Goyer; Judy Zeprun; Jean Mejia; and Darlene Puleo. Thanks for your time. 1 of 3 11/4/19, 7:50 PM

Re: Your Recent Records Request Tim On 06/21/2017 09:01 AM, Altman, David (AGO) wrote: Thank you for the prompt reply, Mr. McGuire. The AGO is not currently able to conduct centralized searches across users' email inboxes/archives. Accordingly, we may need to individually search each potential custodian's emails in order to respond to your request as it is currently framed. As of now, that pool of potential custodians consists of anyone who worked at the AGO between June and October of 2016 (including both current and departed employees). If you'd like, we can prepare a cost estimate for undertaking that search, but please note that the chargeable fees for the necessary labor would significantly exceed $300. It is for that reason that I am wondering if you are able to help narrow down the pool of custodians to a more practicable group. Feel free to give me a call if you would like to discuss possible means of doing so. If not, please let me know so that we may prepare your cost estimate. Thank you, David From: Tim [mailto:timothyr.mcquire@gmail.com] Sent: Tuesday, June 20, 2017 9:11 PM To: Altman, David (AGO) <David.Altman@MassMail.State.MA.US> Subject: Re: Your Recent Records Request Thanks for your e-mail. However, I don't think its possible to further simplify. this search. Honestly, it should be trivially easy for your I.T. department to do this. If you get to the point where your fee estimate exceeds $300 please let me know. Otherwise, please process the request as originally submitted. Thanks very much. Tim McGuire On 06/20/2017 03:21 PM, Altman, David (AGO) wrote: Dear Mr. McGuire, I am writing in regard to your recent records request submitted to the Office of the Attorney General (AGO). At your convenience, please call me at the number listed below so that we may discuss/clarify your request. Specifically, so that we are able to conduct reasonable and efficient searches, I am hoping 2 of 3 11/4/19, 7:50 PM

Re: Your Recent Records Request · to determine if there are any AGO individuals or groups of individuals whom you may be able to identify as being likely custodians of responsive records/personal data. Thank you, David Cory Altman Paralegal - General Counsel's Office Office of Attorney General Maura Healey (617) 963-2089 (direct line) David.Altman@state.ma.us 3 of 3 11/4/19, 7:50 PM

THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02 J 08 MAURA HEALEY (617) 727-2200 www.mass.gov/ago ATTORNEY GENERAL Octqber 22, 2019 VIA E-MAIL ONLY Timothy R. Mc0uire tlmothyr.mcgulre@gmall.com Re: Your Public Records Request Dear Mr. McGuire: I write in response to your public records request made pursuant to the Massachusetts public records law, G.L. c. 66, § 10, and received on October 15, 2019.1 In a letter dated October 13 and sent via e-mail to the Records Access Officer mailbox, you requested copies of records from the Office of the Attorney General, specifically as follows: I hereby request all correspondence between your office and one Collin Dias of Fall River, Massachusetts dated within the past year and which discuss the AGO's ability to search for emails. For identification purposes it Is likely that this correspondence would have been related to a public records appeal bearing the identifier SPR19/1840. We enclose four (4) pages of records that may be responsive to your request and are subject to disclosure under the public records law, G.L. c. 66, § 10 and G.L. c. 4 § 7, cl. 26. 1 The public records law permits a custodian of public records to charge requesters for certain costs associated with responding to public records requests. See G.L. c. 66, § 10(d) and 950 CMR 32.07. However, G.L. c. 66, § 10(d)(ii)(B) provides that no fees shall be charged for the first four (4.0) hours of labor required to respond to a request. As less than 4.0 hours were required to fulfill this request, there are no fees to be paid In this instance, Very truly yours, Lorraine A.G. Tarrow Assistant Attorney General & Records Access Officer General Counsel's Office enclosures 1 See Supervisor of Records Regulations at 950 CMR 32.03(3). See also 950 CMR 32.02 and 950 CMR 32.06(2)(e).

THE COMMONWEAL TH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE ::r-· BOSTON, MASSACHUSETTS 02108 MAURA HEA.LEY (617) 727-2200 ATTORNEY GENERAL (617) 727-4765TTY www.mass.gov/ago September 10, 2019 VIA E-MAIL ONLY Collin Dias colllndOO@aol.com Re: Your Public Records Request Dear Mr. Dias: I write in response to your public records request made pursuant to the Massachusetts public records law, G.L. c. 66, § 10, and received on August 28, 2019.1 In an August 27, 2019, e-mail to the Open Meeting mailbox you requested copies of records from the Division of Open Government, specifically: "All emails to and from any city of Fall River public offlclal, board member, or employee In the possession of your office." Please be advised that the public records law requires that a request reasonably describes the public records being sought. See M.G.L. c. 66 § 10(a)(I). In Its current form, your request does us not reasonably describe the records that you seek. You asl< to search our records for emails sent to or from officials, board members and employees of the City of Fall River. As currently constructed, your request does not contain any date restriction and would require us to conduct a complete search of all emails ever sent to the Division of Open Government since Its Inception, Including all past employee email accout)ts.2 Further, your request also does not list the names of Fall River bfflclals, board members or employees or specific email addresses to search for. Although It· may be feasible to search for any email correspondence to or from a 11fallrlverma.org11 email account, you must provide specific email addresses for any additional personal accounts that you seek. Consequently, 1 See Supervisor of Records Regulations at 950 CMR 32.03(3), See also 950 CMR 32.02 and 32.06(2)(e). 2 We Interpret the term "your offlce11 to mean the Division of Open Government,. because the request was sent to the Open Meeting mailbox.

Collin Dias September 10, 2019 Page 2 these parts of your request do not provide enough focused Information upon which to conduct a reasonable search for records that are responsive. As you may know, the public records law permits a custodian of public records to charge requesters for certain costs associated with responding to public records requests, Including fees to search for the requested records. See M.G.L. c. 66 § 10(a)(lil}; M.G.L. c. 66 § 10(d)(il}. Because of the uncertain scope of your request as explained above, the time to search for the requested email records is Incalculable and, as a result, a good faith cost estimate cai:inot be assessed at this time. However, an appropriate cost estimate for your full request can be determined if you provide additional parameters and guidance concerning your request, Therefore, we cannot presently process your request as written any further. Should you decide to modify your request, we ask that you please do so in a way that provides us with as much Information as possible concernln·g the records you seek, and Includes additional and/or narrowed search parameters, such as a specific date range and precise email addresses that you seek. Please be advised that If we do not hear from you within fourteen (14) business days, we will consider your request withdrawn and the matter closed. You have the right to appeal this response to the Supervisor of Records pursuant to G.L. c. 66, § 10A{a), and to seek judicial review of an unfavorable decision by commencing a civil action In the superior court under G.L. c. 66, § 10A(c). · Very truly yours, ~~ Sarah Chase Assistant Attorney General Division of Open Government

THE COMMONWEALTII OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ON! /\Slllll!RlON P1 ,\('L BOSTON, MASS1\('lll1SI'. ITS 02108 M1\t:R;\ H1.1\I IY (617) 727-2200 /\ 1 l<ll(NI Y ( ii NI 1(,\1 11 ww.mass.gov/agn September 25, 2019 VIA E-MAIL ONLY Collin bias col1ind00@aol.com Re: Your Public Records Request Dear Mr. Dias: I write in response to your public records request made pursuant to the Massachusetts public records law, G.L. c. 66 § 10 and received on September 5, 2019.1 In a September 4 e-mail to 1 1 the Records Access Officer mailbox, you requested records from the Office of the Attorney General (AGO), specifically as follows: 1. All records relating to, mentioning, or about Trott Lee 2. All records [r]elating to, mentioning, or about the Veterans Association of Bristol County since 2016. As a preliminary matter, we note that this request is similar to your August 28 2019 request in 1 that it does not reasonably describe the public records you seek. See G.L. c. 66, § 10(a)(i). Neither part of this request, for example, provides a sufficient basis to Identify which AGO Dlvislon(s) or staff may have responsive records, and Part One (1) does not have a timeframe in which to limit such a search. Given the broad and undefined parameters of both parts of your request as outlined above, we were only able to complete cursory-level inquiries of our electronic systems to identify potentially responsive records. These searches returned no results for Part One (1) and, for Part Two (2), identified records that are publicly available on line. See G.L. c. 66, § 6A(d). To find these records, you can visit the AGO's Non-Profit/Public Charities Document Search2 and 1 See Supervisor of Records Regulations at 950 CMR 32.03(3). See also 950 CMR 32.02 and 950 CMR 32.06{2)(e). 2 http://www.cha rities.ago .state .ma. us/charities/

Collin Dias September 25, 2019 page 2 enter any combination of the charity name, AGO account number, or federal tax ID of the organization whose records you are Interested in viewing. As we previously advised In our response to your August 28 request, If you would like to resubmit your request, we ask that you please provide us with as much information as possible concerning the records you seek, and include additional and/or narrowed search parameters. You have the right to appeal this response to the Supervisor of Records pursuant to G.L. c. 66, § 10A(a), and to seek Judicial review of an unfavorable decision by commencing a civil action in the superior court under G.L. c. 66, § lOA(c). Very truly yours, ( Lorraine A.G. Tarrow Assistant Attorney General & Records Access Officer General Counsel's Office