Judith Margulies v. Ashland, Town of - Board of Selectmen (SPR 20160290)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 24,2016 SPR16/290 Ms. Diane Mortensen Personnel/Financial Assistant Office of the Town Manager Town of Ashland 10 1 Main Street, 1st Floor Ashland, MA 01721 Dear Ms. Mortensen: I have received the petition of Judith Margulies appealing the response of the Town of Ashland (Town) to a March 8, 2016 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Margulies requested copies of records relating to a complaint submitted by a specifically identified individual. Ms. Margulies submitted this request to six (6) individuals. The Town Manager provided responsive records on March 31, 2016. In her initial appeal dated March 25, 2016, Ms. Margulies appealed to this office indicating she had not received a complete response from each individual named in her request. In a response dated May 18, 2016, Town Counsel Lisa L. Mead, Esq. indicated that the response from Town Manager Michael Herbert consists of records responsive to Ms. Margulies request to "all of the individuals included in her request." Attorney Mead further explains "[t]he Town has no other documents which would be responsive to [Ms. Margulies'] request." Content of the record; no duty to create records It should be noted that access to a record requested pursuant to the Public Records Law rests on the content of the record. "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, created or received by any officer or employee of any town of the Commonwealth to serve a public purpose, unless falling within a statutory exemption. G. L. c. 4, § 7(26). The Town is advised that public records, including emails made or received in an individual's capacity as a government employee, must be maintained and kept in a manner that allows access by the general public, as they are subject to mandatory disclosure upon request. G. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre

Ms. Diane Mortensen SPR16/290 Page2 May 24,2016 L. c. 66, § 10(a); see also Reinstein v. Police Commissioner of Boston, 378 Mass. 281,289-90 (1979). Whenever original public records are created outside the municipal offices, they shall be transferred on a regular and frequent basis to secure storage in the municipal building. However, under the Public Records Law, the Town is not required to create a list of records or any record in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). 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). Conclusion Whereas the Town confirmed it provided all responsive records, I will consider this appeal closed. To assist in requesting and responding to requests for public records please refer to our publication, A Guide to the Massachusetts Public Records Law. This document is available on the Internet, free of charge, at http://www.sec.state.ma.us/pre/prepdf/guide.pdf. Attorneys on my staff are available during regular business hours to answer general questions regarding the Public Records Law. In addition, members of my staff will visit a records custodian in person to conduct training workshops on the Public Records Law upon request. Please contact my office directly at the telephone number provided in this determination for further information. cc: Ms. Judith Margulies Ms. Lisa L. Mead, Esq.