Spaulding, Corey v. Natick, Town of - Public Schools (SPR 20150232)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 31, 2015 SPRlS/232 Dr. Peter Sanchioni, Ph.D. Town of Natick-Public Schools 13 East Central Street Natick, MA 01760 Dear Dr. Sanchioni: I have received the petition of Corey Spaulding appealing the response of the Town of Natick Public Schools to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, on September 30, 2014, Ms. Spaulding requested documentation about an assertion you made regarding your attempt to obtain a specifically identified document. In one response you provided to Ms. Spaulding on October 3, 2014 you indicate "[e]mails will be located- there may be a letter we sent her." In a second, revised response dated October 3, 2014, you state "[w]e are conducting a search in response to this request and will forward you any documents that are responsive." In an email to Ms. Spaulding dated July 29, 2015, you state that no responsive records existed prior to October 3, 2014. You state there were only verbal attempts to obtain the specifically identified document referenced in the request. The mandatory disclosure provision of the Public Records Law only applies to information that is in the custody of the governmental entity at the time the request is received. G. L. c. 4, § 7(26) (defining "public records" as materials which have already been "made or received" by a public entity); see also 32 Op. Att'y Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). Whereas the School had no records responsive to Ms. Spaulding's request at the time it received the request, I will consider this administrative appeal closed. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Peter Sanchioni, Ph.D. SPR15/232 Page Two July31,2015 ~rvroms, ~v. Williams Supervisor of Records cc: Ms. Corey Spaulding