Shaffer, Maya v. City of Chicopee Law Department (SPR 20150215)

The Commonwealth ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 11, 2015 SPRlS/215 Ms. Christine Pikula, Esq. Associate City Solicitor City Hall 17 Springfield Street Chicopee, MA 01013-2776 Dear Attorney Pikula: I have received the petition of Maya Shaffer ofthe Bay State Examiner appealing the response ofthe City of Chicopee (City) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Shaffer requested copies of: 1. The most recent Chicopee police document on the Public Records Law; 2. All records of Mr. Venzina training on the law; 3. Any list of members of the public banned from making records requests; and 4. Any records or correspondence with anyone instructing them not to deliver records requests to the Chicopee Police Department. In a written response dated March, 11 2015 the City explained that it does not maintain records responsive to Ms. Shaffer's request. Thereupon, Ms. Shaffer filed this petition challenging the City's assertion that there are no records responsive to her request. Upon the intervention of my office the City provided a subsequent response to clarify its position. In a letter dated April 2 7, 2015, to Ms. Shaffer in which my office was copied, you explained that it does not maintain records responsive to Requests 1 and 2. With respect to Request 3 you explained that the City does not prohibit any one from making public records requests, therefore there are no records responsive to that request. With regards to Request 4 you explained that Officer Vezina's prior response to one of Ms. Shaffer's records request was specific to that request. In that response Officer Vezina explained that the subject matter of that response involved ongoing litigation and all future inquiries as to that specific request should be directed to the City's Law Department. You explained that the City interpreted Ms. Shaffer's request as to ask for any record from the Chicopee Police Department, prohibiting persons from making public records requests to the Chicopee Police Department. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Christine Pikula, Esq. SPR15/215 May 11,2015 Page Two The City provided Ms. Shaffer with a copy of the records it believed Ms. Shaffer would deem responsive to Request 4, further explaining that after a full and thourough search of its files there are no other records responsive to her requests. 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. Arty Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). Accordingly, whereas the City properly responded to Ms. Shaffer's requests for public records, this administrative appeal is now closed. ams Supervisor of Records cc: Ms. Maya Shaffer