Pamela Goodwin v. Upton, Town of - Housing Authority (SPR 20160940)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Shawn A. Williams Supervisor of Records

November 2, 2016 SPR16/940

Millie M. Galeone

Upton Housing Authority, Chairperson 4 Hartford Ave N

Upton, MA 01568

Dear Ms. Galeone:

I have received the petition of Pamela Goodwin appealing the response of the Town of Upton - Housing Authority (Authority) to her January 12, 2016 request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Ms. Goodwin requested a total of five (5)

categories of records. Ms. Goodwin has appealed the most recent response to this request, dated October 11, 2016.

Previous appeal and determinations

This request was the subject of two (2) previous appeals and determinations. See SPR16/144, SPR16/276 Determination of the Supervisor of Records dated (March 11, 2016, May 16, 2016). In my March 11 determination, I found the Authority had yet to meet its burden in responding to Ms. Goodwin’s request. As a result, I ordered the Authority to provide Ms. Goodwin with a written response to her request. Both you and the Authority’s Executive Director provided responses to that order.

In my May 16 determination, I found that you explained in your response to Ms. Goodwin that the Authority has no records responsive to Request 1 or Request 2. 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). Accordingly, I closed the portions of the appeal regarding Request 1 and Request 2.

Current Appeal

On October 11, 2016, the Authority provided Ms. Goodwin with a second response to her requests. In this response, you indicated that there are no records responsive to Request 1, Request 2, Request 3 or Request 4. With respect to Request 5, you explained that responsive records were previously provided by you to Ms. Goodwin.

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

Millie M. Galeone SPR16/940 Page 2 November 2, 2016

Conclusion

I find the Authority’s October 11, 2016 response satisfies the obligations under the Public Records Law. The letter identifies each of the five requests, stating a response with respect to the existence of each requested item.

In her petition, Ms. Goodwin requests this office provide training for the Authority on the Public Records Law. Attorneys and other members 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. 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.

awiyex’ Williams Upervisor of Records

cc: Pamela Goodwin