Timothy J. Muise v. Executive Office of Public Safety and Security - Department of Correction (SPR 20160598)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 11, 2016 SPR16/598 Mr. Nick Cannata Executive Office of Public Safety and Security Department of Correction Research and Planning Division Concord, MA 01742-9125 Dear Mr. Cannata: I have received the petition of Timothy Muise appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Muise requested "True and accurate copies of the "Institutional Fact Cards" for fiscal year 2016". In a response dated July 20, 2016 you informed Mr. Muise that responsive records do not yet exist. You suggested he speak with the Librarian about accessing the documents after August 8, 2016. 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) (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). Whereas the records responsive to his request did not exist at the time he made his request, this appeal is closed. Mr. Muise may consider making his request to the Librarian once the responsive records are complete. Supervisor of Records cc: Mr. Timothy Muise OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre