Spaulding, Corey v. Natick, Town of - Police Department (SPR 20150233)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords July 23, 2015 SPRlS/233 Mr. James G. Hicks, Chief Natick Police Department 20 East Central Street Natick, MA 01760 Dear Chief Hicks: I have received the petition of Corey Spaulding appealing the response of the Natick Police Department (Department) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Spaulding requested records regarding a residency check at a specifically identified residence. The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10(c); 950 C.M.R. 32.08(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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 ofthe 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. Atty Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). In several emails dated April24, 2015, to Ms. Spaulding, you stated that you had provided all documents responsive to her request. As all responsive documents have been provided, I will now consider OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. James G. Hicks, Chief SPR15/233 Page Two July 23, 2015 this administrative appeal closed. ours, n !A. Williams, Supervisor of Records cc: Ms. Corey Spaulding