Ward, John v. Rockland, Town of - Board of Selectmen (SPR 20150551)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division August 26, 2015 Shawn A. Williams Supervisor ofR ecords SPR15/551 Mr. Allan R. Chiocca Town of Rockland-Town Administrator 24 Union Street Rockland, MA 02370 Dear Mr. Chiocca: I have received the petition of John R. Ward appealing the nomesponse of the Town of Rockland (Town) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Ward requested of records related to appointments made to the Southfield Redevelopment Authority (SRA). In a prior appeal based lack of response I found the Town had met its burden once it responded to Mr. Ward by providing the records it maintains responsive to his request. See SPR15/381 Determination ofthe Supervisor of Records (June 16, 2015). ·In this current petition, dated July 1, 2015, Mr. Ward requested that you produce certain records or make certain written statement's regarding such records. In a letter to a member of the Public Records Division dated August 19, 2015 you explained that the Town has provided all the records it has responsive to Mr. Ward's request. Mr. Ward was copied on the August 19th letter. The duty to comply with requests for informationuex:tends_ _ onl¥-to_those rec_or.ds that exisl------------c and are in the custody of the custodian ofrecords 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, § lO(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). Given that the Town has provided all the records it maintains responsive to this request and further whereas the Town is under no obligation under the Public Records Law to answer questions or create records in response to a records request, I will now consider this administrative appeal closed. Supervisor o cc: John R. Ward OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre