Bibler, Eric v. Cape & Vineyard Electric Cooperative, Inc. (SPR 20150799)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 11, 2015 SPRlS/799 Mr. Charles McLaughlin Cape & Vineyard Electric Cooperative, Inc. Superior Courthouse, P. 0. Box427 Barnstable, MA 02630 Dear Mr. McLaughlin: I have received the petition of Eric Bibler appealing the nonresponse of Cape & Vineyard Electric Cooperative, Inc. (CVEC) to his request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Bibler requested copies of: 1. FY 2016 Budget 2. Preliminary budgets or financial forecasts for any periods beyond the end ofFY2016 3. CVEC annual report for FY20 15 4. CVEC financial statements for FY2015 5. CVEC meeting minutes for meetings since June 11, 2016 Request 2 In a response dated September 30, 2015 CVEC informed Mr. Bibler there are no records responsive to this portion of his request. 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 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, § 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). Accordingly, with respect to Request 2, I will consider this portion of the appeal closed. Requests 1, 3, 4, and 5 With respect to Requests 1, 3, 4, and 5 CVEC's September 30 response informed Mr. Bibler where he may find records responsive to his requests on CVEC's website at a later date. In a conversation with a member of my staff, CVEC's Manager of Programs and Administration, confirmed that records responsive to each of these requests are now on CVEC' s website. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. Charles McLaughlin SPR15/799 Page Two December 11, 2015 In Mr. Bibler's appeal petition to this office, he states "[i]n my records request, I urged CVEC to post the documents to its website as a public service .... But in the event that CVEC [would not] do this, I requested that they provide them to me." He further indicates that CVEC had not provided him the responsive documents, nor had they posted them on their website at the time of his appeal. CVEC is advised that a response under the Public Records Law must be an offer to provide records, a fee estimate for provision of the records, or a denial. However, whereas the records responsive to requests 1, 3, 4, and 5 are now available on CVEC's website, I will consider this appeal closed. illiams Supervisor of Records cc: Mr. Eric Bibler