Dumas, Mary v. Upton, Town of - Town Manager (SPR 20150024)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 19, 2015 SPRlS/024 Ms. Blythe C. Robinson Town Manager Town of Upton 1 Main Street, Box 1 Upton, MA 01568 Dear Ms. Robinson: I have received the petition of Mary Dumas appealing the response of the Town ofUpton (Town) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Dumas requested copies of records regarding calls made to the Town's Police Department (Department) from a specifically identified residence in the Town. In a response dated January 12,2015 you informed Ms. Dumas that there are no records responsive to her request. In a February 4, 2015 telephone conversation, you confirmed to an attorney on my staff that the Town has no records responsive to her request. It appears an initial response contained language that suggested records exist. It is not unusual for responses to contain boilerplate language that creates confusion by citing exemptions or stating records exist prior to review of records. To avoid unnecessary appeals government records custodians are strongly encouraged to avoid such language until a determination has been made as to the existence and public status of responsive records. Accordingly, whereas the Town has stated it has no record responsive to this request, this administrative appeal is closed. cc: Ms. Mary Dumas One Ashburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma.us/pre