Bell, Daniel v. Town of Great Barrington - Town Manager (SPR 20150609)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords October 9, 2015 SPRlS/609 Mr. Joe Sokul Great Barrington Town Manager 334 Main Street Great Barrington, MA 01230 Dear Mr. Sokul: I have received the petition of Daniel Bell appealing the response of the Town of Great Barrington (Town) Department of Public Works (Department) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, in a request dated April8, 2015, Mr. Bell requested a copy of what he referred to as the updated "map" of the Town sewer line that was replaced from Belcher Square through his property at 195 State Street. In a response dated April 24, 2015 you stated that all information on file for the section of sewer line in question had already been provided. In a response dated July 21, 2015 you informed Mr. Bell that all the records the Town maintains responsive to his request have been provided and there is no updated map. 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). Whereas there is no updated map and there are no other records responsive to his request and further whereas the Town is not obligated to create such records in response to a public records request, this appeal is closed. Supervisor of Records cc: Mr. Daniel Bell OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre