Shibley, Craig v. Barre, Town of - Board of Health (SPR 20140279)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 1, 2014 SPR14/279 Mr. Craig Shibley 2 Lost Oak Road West Boylston, MA 01583 Dear Mr. Shibley: I have received your petition appealing the April30, 2014 response of the Town of Barre Board ofHealth (Town) to your April23, 2014 request for records. G. L. c. 66, § 10(b) (Supervisor of Records has authority to resolve public records appeals); see also 950 C.M.R. 32.08(2) (appeal process). Specifically, you requested three categories of records. The Town responded, but contends no responsive records exist. This is the basis of your appeal. In your May 5, 2014 petition letter to this office you requested assistance with your requests number 1 and 3. In a conversation on June 11, 2014 with an attorney on my staff, and confirmed in a letter to this office on that same day, Andrea Mastrototoro, the administrative assistant for the Board of Health stated that while the Board has no records responsive to the questions posed in your request, she would provide you with an answer. Under the Public Records Law, a custodian of records has no duty to answer questions, conduct research or provide analysis. Therefore, I have no authority to order a custodian of records to answer your questions. A record holder's duty to comply with requests for information extends only to those records which exist and are in his custody. See G. L. c. 4, § 7 (26). There is no obligation to create a record in response to a public records request. G. L. c. 66, § 10(a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). There is a presumption that all government employees perform their duties in an honest and impartial manner. See LaPointe v. License Bd. of Worcester, 389 Mass. 454,459 (1983); see also Konover Mgt. Corp v. Planning Bd. of Auburn, 32 Mass. App. Ct. 319, 326 (1992). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Craig Shibley SPR14/279 Page Two July 1, 2014 While you contend that some responsive records "must exist" I find that Ms. Mastrototoro understood your request when she stated otherwise. Accordingly, whereas there are no responsive records, and further whereas Ms. Mastrototoro offered to assist by providing answers to the queries posed in your request, this administrative appe is closed. Supervisor of Records · cc: Ms. Andrea Mastrototoro