Jourdan, Sherrill v. Ashland, Town of - Office of the Town Clerk (SPR 20140449)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords September 26, 2014 SPR14/449 Mr. Duncan Colter Chair Town of Ashfield-Board of Health 412 Main Street PO Box 560 Ashfield, MA 02330 Dear Mr. Colter: I have received the petition of Sherrill Jourdan appealing the response of the Town of Ashfield Board of Health (Board) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Jourdan requested four categories of records. In your letter dated July 7, 2014 you responded to each of these requests, either by providing responsive records or indicating that the Board has no records responsive to the request. 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). I am satisfied that the Board provided records that were responsive to Ms. Jourdan's request. 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). 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 Ms. Jourdan's request and responded to it with the best of your knowled e. Whereas all responsive records have been provided, this administrative appeal is clos d. wn . Supervisor of Records cc: Ms. Sherrill Jourdan OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre