Seagrave, Jane v. Tisbury, Town of (SPR 20140311)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 21, 2014 SPR14/311 Ms. Jane Seagrave Vineyard Gazette P.O. Box 66 Edgartown, MA 02539 Dear Ms. Seagrave: I have received your petition appealing the response of the Town of Tisbury (Town) to your request for public records. G. L. c. 66, § 10; see also 950 C.M.R. 32.08(2). Specifically, you requested: 1. Any written correspondence, including emails, texts, letters or memoranda between the Town, its members ofthe Board of Selectmen or any Town employee or official and Stop & Shop, any of its employees or representatives, from January 1, 2014 through April1, 2014, 2. Any written correspondence, including emails, texts, letters or memoranda between the Town, its members of the Board of Selectmen or any Town employee or official and Stop & Shop, any of its employees or representatives, from April1, 2012 through December 31, 2013, 3. Minutes or notes of Board of Selectmen meetings at which Stop & Shop has been discussed, either in open or executive session, between January 1, 2014 through April 1, 2014, and 4. Minutes or notes of the parking lot subcommittee formed to discuss the impact of the Stop & Shop expansion proposal on the municipal parking lot between the dates of January 1, 2014 through April1, 2014. A review of correspondence related to this appeal indicates that the Town has been providing records responsive to your requests since May 2014. In your June 24, 2014 memorandum to this office, you stated that you believe that the Town has not provided all the records in your request. After a conversation with Town Administrator John Grande, an attorney on my staff forwarded your memorandum to Mr. Grande for his review and another diligent search for the records. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Jane Seagrave SPR14/311 Page Two August 21, 2014 In an August 6, 2014 email, John Grande, Tisbury Town Administrator, informed you that he has no text messages responsive to your requests 1 and 2. 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. See also G. L. c. 66, § 10(a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). Furthermore, Mr. Grande informed you that the Town provided you with the final sets of minutes and emails that are responsive, and that he has gathered some miscellaneous documents and two binders worth of records that are available for your review at the town hall. The Town will make copies of or scan any documents that you identify during your review. It is my understanding that Mr. Grande has offered to discuss with you any records that you believe he has overlooked, and he will assist you. Accordingly, your administrative appeal is closed. Supervisor of Records cc: Mr. John Grande