Fernandes, Lucy & Jim v. Hanson, Town of - Town Clerk (SPR 20150602)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 7, 2015 SPRlS/602 Ms. Elizabeth Sloan Town Clerk 1st Floor of the Town Hall Hanson, MA 02341 Dear Ms. Sloan: I have received the petition of Jim and Lucy Fernandes appealing the response of the Town ofHanson (Town) to their July 13,2015 request for public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). Specifically, the Fernandes' requested a copy of a January 6, 1822 record ofmarriage for a specific couple. In your initial responses dated July 13,2015 and July 21, 2015 you stated the Town has no record responsive to this request. Status and existence of January 6, 1822 marriage record in the Town In a September 1, 2015 conversation you explained that while the Town was incorporated in 1820, the earliest marriage records in the custody ofthe Town are dated from 1843 forward. As a result, you stated the Town has no responsive record. The duty of a custodian of records to comply with requests for information extends only to records that exist and are in the custodian's custody. G. L. c. 4, § 7(26). However, vital records such as records of marriage are permanent records. See Massachusetts Municipal Records Retention Manual, 2011 edition. At some point, it appears the Town had such records, as they are noted in the New England Historic Genealogical Society's (NEHGS) 1911 publication (see below); however, the Town today has no such responsive record. The Town is advised to take whatever steps must be taken to ensure the security of its most important historical records; however, it is unclear how long the records from this period have been missing. I also spoke with the Town Clerk of the Town of Pembroke, the Archivist ofthe Commonwealth, and representatives from the Massachusetts Registry ofVital Records (Registry), the Hanson Historical Society and the NEHGS. It is important to note that the Hanson Historical Society and NEHGS are not governmental entities for Public Records Law purposes. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Elizabeth Sloan SPR15/602 Page Two October 7, 2015 I was informed the Town of Pembroke and the Hanson Historical Society have no responsive record. In addition, the Registry has no records prior to 1921 and the State Archives has no marriage records prior to 1841. As a result, neither the Registry nor the Archives have responsive records. The NEHGS researcher explained that it would likely not have the actual responsive record, though it is likely the Town's records were a source of the 1911 publication. Attestation ofA uthenticity Following our conversations, you provided a letter to Ms. Fernandes dated September 1, 2015. A member of my staff also sent a copy of this letter to the Fernandes' email address on September 4, 2015. With this letter you enclosed the record of marriage of the specific couple from the book "Vital Records of Hanson Massachusetts to the Year 1850:' published by the NEHGS. You also included an Attestation of Authenticity of Record signed by Karen Stolfer, Reference Librarian at the Town of Hanson Public Library, that attested that this is a true and correct copy of the record. You also attested that each page of the book provided is a true copy and included the Town seal on each page. I would like to thank you and Ms. Stolfer for your cooperation in this matter. Conclusion Although the Town has no record responsive to the Fernandes' request and there is no duty to create one, the Town attested to the authenticity of the marriage record in the book published by NEHGS. Accordingly, I will consider this appeal closed. ~' t / '/'/ rtA. Williams cc: Mr. Jim Fernandes Ms. Lucy Fernandes