Mazurczyk, Stanley v. Chelmsford, Town of - Human Resources Department (SPR 20140241)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords May 12,2014 SPR14/241 Mr. Stanley Mazurczyk 5 Aberdeen Road Chelmsford, MA 01824 Dear Mr. Mazurczyk: I have received your letter appealing the response ofthe Town of Chelmsford (Town) to your request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, you requested a copy of a permit issued to a specific address in September of 2012. By correspondence dated September 26, 2013 Town Manager Paul E. Cohen informed you that no record of the Town issuing such a permit exists. By correspondence dated October 31,2013 Ms. Tricia Dzuris, Assistant to the Town Manager, informed you a permit was never issued. In an April24, 2014 telephone conversation Ms. Dzuris confirmed to an attorney on my staff that the Town has no record of a permit being issued to the address stated in your request on the date in question. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). There is no obligation to create a record in response to a request for public records. See G. L. c. 66, § 10(a); 32 Op. Atty. Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). Your request for public records included questions posed to the Town. Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. Accordingly, as the Town has no records responsive to this inquiry, and is not required to create them, it properly indicated that it has no responsive records. This administrative appeal is now closed. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Stanley Mazurczyk SPR14/241 Page Two May 12,2014 If you are not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth on public records matters. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Supervisor of Records cc: Mr. Paul E. Cohen