Corey Spaulding v. Natick, Town of - Police Department (SPR 20160867)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords October 20, 2016 SPR16/867 Mr. James G. Hicks Chief of Police Town ofNatick- Police Department 20 East Central Street Natick, MA 01760 Dear Chief Hicks: I have received the petition of Corey Spaulding appealing the response of the Town of Natick - Police Department (Department) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, in a letter dated August 8, 2016, Ms. Spaulding appears to seek records as well as ask questions to the Department. In her appeal petition, Ms. Spaulding indicates she is "requesting an appeal for public records that was sent to Natick Police Chief James Hicks on August 8, 2016." Although the Department and Ms. Spaulding have engaged in a series of correspondence, it is unclear whether the Department responded to this August 8 letter. The Department must confirm whether it responded to the August 8 letter and whether it possesses any responsive records. I understand an attorney on my staff contacted you about this matter and provided a copy of the file associated with this appeal. You indicated the Department would provide a supplemental response regarding this matter. It is important to note that 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. 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). Accordingly, I will consider this appeal closed with the proviso that the Department provide Ms. Spaulding with a response to the request, prepared in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Mr. James G. Hicks SPR16/867 Page 2 October 20, 2016 provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec. state.ma. us. cc: Ms. Corey Spaulding