Julie Farrell v. Templeton, Town of - Town Administrator (SPR 20160826)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 18, 2016 SPR16/826 Ms. Holly A. Young Town Administrator Town of Templeton Town Hall Room 6 160 Patriots Road, P.O. Box 620 East Templeton, MA 01438 Dear Ms. Young: I have received the petition of Julie Farrell appealing the response of Town of Templeton (Town) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Ms. Farrell requested a copy of a July 28, 2016 letter from the MA IG referenced on the Templeton MA Light Commission September 3, 2016 meeting agenda. In a response dated September 28, 2016 you explained that the Templeton MA Light Commission is a political entity separate from the Town and suggested Ms. Farrell make her request directly to the Templeton MA Light Commission. Each governmental entity in the Commonwealth of Massachusetts retains control of its own records. A record holder's duty to comply with requests for information extends only to those records that 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). In the Town's September 28 response you informed Ms. Farrell that the Town is not the proper custodian ofthe responsive record. Accordingly, Ms. Farrell must direct her request to the governmental entity that created or received the records she seeks, in this instance the T p eton MA Light Commission. s, n Supervisor of Records cc: Ms. Julie Farrell OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre