Patch, Thomas v. Hingham, Town of - Advisory Committee (SPR 20150540)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A. Williams Supervisor of Records

August 28, 2015 SPR15/540

Mr. John Coughlin, Esq.

Bogle, DeAscentis & Coughlin, PC Town of Huingham — Town Counsel 57 North Main Street

Fall River MA 02720-2129

Dear Attorney Coughlin:

I have received the petition of Thomas Patch appealing the nonresponse of the Town of Hingham (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Patch requested copies of records the Advisory Committee (Committee) has caused to be discarded pursuant to its “correspondence policy”; and copies of records the Chair relied on in making its determination that the Committee’s policy was in accordance with the requirements of the Municipal Records Retention Manual. In a response dated April 26, 2015 the Committee’s Chairperson, Ms. Mary Power informed Mr. Patch that no records had been discarded. This response however, was silent as to records the Chair relied on in making its determination that the Committee’s policy. The basis of Mr. Patch’s appeal was the Committee’s lack of response to the second part of his request:

Under the Public Records Law and the Access Regulations (Regulations) all requests for public records must be met with a response within ten (10) days of the request. G. L. c. 66, § 10(b); 950 'C.M.R. 32:05. The response may be an offer to provide records, a fee estimate for provision of the records, ora denial. Town is advised that all records custodians must comply with both the Public Records Law and the Regulations with respect to the timeliness of response.

Subsequent to the intervention by a member of my staff, the Town informed Mr. Patch that there are no records responsive to the second part of his 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). ;

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 - (617) 727-2832. Fax (617) 727-5914 . www.sec.state.ma.us/pre

Mr. John Coughlin, Esq. SPR15/540 Page Two August 28, 2015

Whereas this matter was opened based upon the Town’s failure to provide a written

response to the second part of Mr. Patch’s request, I will now consider this administrative appeal closed.

ryly yours,

‘A /Williams Supervisor of Records

cc: Mr. Thomas Patch Ms. Mary Power