Pacewicz, Edward v. Wareham, Town of (SPR 20140315)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 2, 2014 SPR14/315 Mr. David P. Pichette Conservation Administrator Town of Wareham 54 Marion Road Wareham, MA 02571 Dear Mr. Pichette: I have received the petition of Edward J. Pacewicz appealing the response ofthe Town of Wareham (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Pacewicz requested: 1. On 5/6/2014 copies ofPlanning Board meeting/Workshop Group agendas for: 12/27/2013; 1/14/2014; 1/24/2014; 1/28/2014; 2/09/2014; 2/13/2014; 3/17/2014; 3/24/2014; 3/31/2014; and 4/01/2014; On June 11, 2014 you informed Mr. Pacewicz that there were no records responsive to Request 1, with the exception of an agenda for a 3/24/2014 Planning Board meeting, which the Town provided. You further explained that the Planning Board 3/24/2014 meeting minutes had not been completed as of the time of the request; however, you did offer to provide a copy of the video recording of the meeting. 2. On 5/8/2014 copies of Planning Board meeting minutes for: 8/12/2013; 8/19/2013; 9/25/2013; 9/30/2013; 10/07/2013; 10/21/2013; 11/4/2013 and 3/24/2014; On June 11, 2014, you informed Mr. Pacewicz that there are no records responsive to this request. 3. On 5/12/2014 copies of notice/agenda and meeting minutes for a Planning Board meeting held on 2/24/2014, and notice/agenda and meeting minutes for a Planning Board/Board of Selectmen meeting - Transfer of Development Rights Workshop held on 2/20/2014; OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Mr. David P. Pichette SPR14/315 Page Two September 2, 2014 On June 11, 2014, you provided records responsive to dates 2/20/2014 and 2/24/2014. You further explained that there are no other records responsive to this request. 4. On 5/19/2014 copies of Planning Board meeting minutes for 9/23/2013. On June 11, 2014, you informed Mr. Pacewicz that there are no records responsive to this request. The duty to comply with requests for information extends only to those records that exist and are in the custody of the custodian of records at the time of the request. See G. L. c. 4, § 7(26). 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). 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). Furthermore, it is the duty of a record custodian to use his superior knowledge of the records to assist a requester in obtaining the records. 950 C.M.R. 32.05( 4). I accept that you understood Mr. Pacewicz's requests and responded with the best of your knowledge. Given that an interpretation of the Open Meeting Law falls within the authority of the Division of Open Government in the Office ofthe Attorney General (AGO), I decline to provide a determination on whether records ofthe Town's boards are being created in compliance with the Open Meeting Law. Mr. Pacewicz may wish to contact the AGO to seek instruction on obtaining such a determination. Accordingly, I find that whereas the Town provided access to all existing responsive records, this administrative appeal is now closed. Supervisor of Records cc: Mr. Edward J. Pacewicz