Mikhael El-Bayeh v. Massachusetts State Police (SPR 20220668)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 4, 2022 SPR22/0668 Allison Mondello, Esq. Department of State Police Office of the Chief Legal Counsel 470 Worcester Road Framingham, MA 01702 Dear Attorney Mondello: I have received the petition of Mikhael El-Bayeh appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Mr. El-Byeh requested records related to the thorough and extensive research referenced on Page 127 of the Massachusetts State Police Motor Vehicle Law Student Guide 2020. Specifically: “…records reasonably related to any such ‘thorough and extensive research’, including, but not limited to, written, recorded, or graphic material of any kind including, but not limited to, agreements, contracts, letters, telegrams, inter‐office communications, memoranda, reports, records, instructions, specifications, notes, notebooks, scrapbooks, diaries, plans, drawings, sketches, blueprints, diagrams, photographs, photocopies, charts, graphs, descriptions, drafts, whether or not they resulted in a final document, minutes of meetings, conferences, and telephone or other conversations or communications, invoices, purchase orders, bills of lading, recordings, published or unpublished speeches or articles, publications, transcripts of telephone conversations, phone mail, electronic‐ mail, ledgers, financial statements, microfilm, microfiche, tape or disc recordings, and computer print‐outs.” In a March 22, 2022 email response, a Department staff attorney informed Mr. El-Bayeh that the Department is unable to locate any responsive records based on the information provided. As a result, Mr. El-Bayeh petitioned the Supervisor of Records (Supervisor), and this appeal was opened. Subsequent to the opening of this appeal, on April 4th, the Department explained that it made a diligent search, including its Traffic and Field Services Divisions, for any records pertaining to any research conducted regarding Page 127 of the Massachusetts State Police 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

Allison Mondello, RAO SPR22/0668 Page 2 April 4, 2022 Motor Vehicle Law Student Guide 2020. It is my understanding that the Department conducted a diligent search prior to providing the Department’s March 22nd response; indicating in its response that no responsive records were located. 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, § 10(a)(ii). Consequently, under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). Conclusion Accordingly, where the Department has confirmed that it conducted a diligent search and did not locate any records, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Mikhael El-Bayeh