Haney, Matthew v. Mashpee, Town of (SPR 20140665)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords February 17, 2015 SPR14/665 Mr. Patrick J. Costello, Esq. Louison, Costello, Condon & Pfaff, LLP 10 1 Summer Street Boston, MA 0211 0 Dear Attorney Costello: I have received the petition of Matthew Haney appealing the response of the Town of Mashpee (Town) concerning his October 2, 2014 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Haney requested a copy the notice of suit, complaint, and demand letter the Town received from a particular family in September 2014. In response your firm, as Town Counsel, stated that "no such non-privileged documents are in the possession of the Town of Mashpee." The response continues by stating that any other correspondence is exempt from disclosure. Whereas any records other than those specifically requested are outside the scope of the request, I decline to opine on the Town's exemption claims. 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) (defining "public records" as those non-exempt materials made or received by a public employee); see also 950 C.M.R. 32.03 (defining "custodian" as the public employee with routine access to or control of public records). Whereas at the time of the Town's response it possessed no records responsive to Mr. Haney's request, I will consider this administrative appe 1 lo ed. Supervisor of Records cc: Mr. Matthew Haney OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/ pre