Skandha, Bodhisattva v. New Bedford, City of - Office of The City Solicitor (SPR 20150266)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 22,2015 SPRlS/266 Ms. Mikaela A. McDermott, Esq. Office of the City Solicitor 133 William Street, Room 203 New Bedford, MA 02740-6163 Dear Attorney McDermott: I have received the petition of Bodhisattva Skandha appealing the response of the City of New Bedford (City) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Skandha requested permission to inspect records related/linked to CR#04-18947. In a response date March 2, 2015 the City denied Mr. Skandha's request in its entirety claiming the responsive records were exempt from disclosure pursuant to G. L. c. 6 § 172 as it operates through Exemption (a), the statutory exemption of the Public Records Law. Subsequent to the intervention of my office the City informed you that it does not have any records responsive to Mr. Skandha's request. 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. Atty Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). Supervisor of Records cc: Bodhisattva Skandha One Ashburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre