Andrea N. Jacobs, Esq. v. University of Massachusetts Building Authority (SPR 20160554)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supavisor ofR ecords August 8, 2016 SPR16/554 Mr. David P. Mullen, Esq. General Counsel University of Massachusetts Building Authority One Beacon Street, 31st Floor Boston, MA 02108 Dear Attorney Mullen: I have received the petition of Andrea N. Jacobs, Esq. of Strang, Scott, Giroux & Young on behalf of their client D.D.S. Industries, Inc. appealing the June 16, 2016 response of the University of Massachusetts Building Authority (Building Authority) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Jacobs requested a copy of records concerning the rejection of a prequalification package for D.D.S. Industries (D.D.S.). In response to Ms. Jacobs' original April2016 request, the Building Authority provided records on May 10. After receipt of Ms. Jacobs' June 7 request for the same records requested on April 19, 2016, you informed her in your June 16letter that the Building Authority has no other records; all responsive records have been provided. Ms. Jacobs appealed your June 16 letter. In a July 28, 2016 telephone call, you explained to an attorney on my staff that the Building Authority has no records other than what was provided to Ms. Jacobs in May 2016. You further stated that to this office that you informed Ms. Jacobs during telephone conversations with her, and in your letter of June 16, that the Building Authority has conducted a diligent search and that there are no further records regarding the request. On August 1, 2016, you provided Ms. Jacobs with another written response confirming the same. A record holder's duty to comply with requests for information extends only to those records which 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). There is no obligation to create a record in response to a public records request. G. L. c. 66, § 1O (a); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Mr. David P. Mullen, Esq. SPR16/554 Page2 August 8, 2016 Accordingly, whereas the Building Authority confirmed it has provided all responsive records, I will consider this administrative appeal closed. ul yours, Supervisor of Records cc: Ms. Andrea N. Jacobs, Esq.