Saltzman, Bonita v. Hanson, Town of - Board of Selectmen (SPR 20150659)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 8, 2015 SPRlS/659 Mr. Richard La Camera Interim Town Administrator Town of Hanson 42 Liberty Street Hanson, MA 02341 Dear Mr. La Camera: I have received the petition of Bonita L. Saltzman appealing the response ofthe Town of Hanson (Town) -Board of Selectmen (Board) to her request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Saltzman requested copies of records related to the performance appraisal of the Town Administrator. The Executive Assistant to the Board informed Ms. Saltzman that the Board had no responsive records, and Ms. Saltzman appealed. Subsequent to the opening of this appeal the Executive Assistant informed an attorney on my staff that the Board located an administrative tool used by the Board to conduct a performance appraisal; it is my understanding that this record has been provided. The Board further determined that, after further review, no record was retained by the Board that relates to a performance appraisal by the prior Town Administrator. The Executive Assistant further stated that, to the best of her knowledge, no copy of this record was provided to her by the Board, and it is unclear whether such a record ever did exist. The possibility that a record custodian is unable to determine the location or existence of a record raises records management concerns. A records custodian has an affirmative duty to maintain records made or received in the normal course of his or her duties. G. L. c. 66, § 6, 17, and 17c; see also 950 C.M.R. 32.03 (definition of custodian). Safeguards must be instituted by the Town and the Board members to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by my office. G. L. c. 66, § 8; G. L. c. 66, § 13; G. L. c. 66, § 15. To assist the Town in meeting its burden I will provide with this letter a copy of the Municipal Records Retention Manual, which is also available online at www.sec.state.ma.us/arc/arcrmu!rmuidx.htm. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Mr. Richard La Camera SPR15/659 Page Two December 8, 2015 Conclusion Whereas the Town has provided all responsive records in existence, and further whereas the Town is advised to review the materials provided with this letter I will consider this administrative appeal closed. Enclosure cc: Ms. Bonita L. Saltzman