Chojnacki, Teodor v. Dudley, Town of - Building Department (SPR 20150750)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 10,2015 SPRlS/750 Mr. Nelson Burlingame Town of Dudley Building Department 71 West Main Street, Suite 309 Dudley, MA 01571 Dear Mr. Burlingame: I have received the petition ofTeodor Chojnacki appealing the response of the Town of Dudley (Town) Building department (Department) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Chojnacki requested copies of records related to an electrical permit application filed by Karol Gago for electrical work to be performed at 64 Eagle Drive (Lot 72) in Dudley Massachusetts. In a response dated June 22, 2015 you explained that the Department is unable to locate the original permit application. The requested permit shall be provided to you at such if it is located in the office. A record holder's duty to comply with requests for information extends only to those records that exist and are in his custody. See G. L. c. 4, § 7 (26) (defining "custodian" as the public employee with routine access to or control of public records). Accordingly, the Department is hereby ordered to review its records, along with the Manual to determine whether it possesses any records responsive to request. The Department is further ordered, within ten (1 0) days, to provide a written response to Mr. Chojnacki discussing the existence and the public status of any such records. Department explained that it is unable to locate any responsive records. The Department did not state whether any retention period had expired for the maintenance and storage of any records responsive to request 3. This raises serious records management concerns. A custodian of records 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). The Department's inability to account for all the documents in its custody and control remains an issue of concern regarding the security and management procedures for the Department's records. To assist the Department I will provide with this order a copy of our publication, the Municipal Records Management Manual (Manual). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Nelson Burlingame SPR15/750 Page Two November 10, 2015 I have asked Mr. Terry French of the Records Management Unit to assist you in reviewing the Department's records management policies and to provide whatever aid you may need to correct said practices. Mr. French will contact you shortly to arrange for a convenient time to meet with you and other members of your agency. Enc: Municipal Records Management Manual (Manual). cc: Mr. Teodor Chojnacki Mr. Terry French