Aydin, Ilke v. Department of Public Safety (SPR 20140320)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords June 20, 2014 SPR14/320 Ms. Ilke Aydin 145 Pinckney Street, Apt.430 Boston, MA 02114 Dear Ms. Aydin: I have received your letter appealing the response of the Department of Public Safety (DPS) to your request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, you requested copies of records regarding items taken from your place. In a March 26, 2014 letter Assistant General Counsel Caroline P. Torrisi informed you that diligent search ofDPS records had no records responsive to your 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) (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). There is a presumption that all government employees perform their duties in an honest and impartial manner. 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) (presumption that public officials will perform honestly and impartially). 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 Attorney Torrisi understood your request and responded to it with the best of her knowledge. Your request for public records included questions posed to the DPS. Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. Whereas there are no records responsive to your request and further whereas DPS is not obligated to create such records in response to a public records request, this appeal is closed. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Ilke Aydin SPR14/320 Page Two June 20, 2014 cc: Ms. Caroline P. Torrisi, Esq.