John Spaulding v. Natick, Town of - Public Schools (SPR 20160045)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords January 22,2016 SPR16/045 Ms. Teresa Carney Principal Wilson Middle School Town of Natick-Public Schools 13 East Central Street Natick, MA 01760 Dear Principal Carney: I have received the petition of John Spaulding appealing the response of the Town of Natick Public Schools (School) to his request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Spaulding asked the School several questions requiring a numerical answer, including how many times the school has asked the police to conduct a check when a child is absent for a particular period; and how many times the School has filed a failure to send complaint for the same time period. In his request for this information Mr. Spaulding further indicated he is not looking for documents, but the numbers that would answer the two questions. In a response dated December 28, 2015 you informed Mr. Spauldin:gthat-there-areno records in the possession of the Natick Public School District responsive to his request. Mr. Spaulding appealed. 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). Mr. Spaulding's request consisted solely of questions posed to the School. Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to a public records request. Accordingly, as the School has no records responsive to this inquiry, and is not required to create them, it properly indicated that it has no documents responsive to this request. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Teresa Carney SPR16/045 Page2 January 22, 2016 Whereas there are no records responsive to Mr. Spaulding's requests and further whereas the School is not obligated to create such records in response o a public records request, this appeal is closed. r of Records cc: Mr. John Spaulding