George E. Sgourakes v. Millis, Town of - Building Department (SPR 20161030)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records December 5, 2016 SPR16/1030 David W. Waterfall, Esq. KP Law, LLP 101 Arch Street, 12th Floor Boston, MA 02110 Dear Attorney Waterfall: I have received the petition of George Sgourakes appealing the response of the Town of Millis (Town) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Sgourakes requested Town records related to a particular Zoning Board of Appeals (ZBA) matter. Basis of current appeal The request was the subject of a prior appeal. See SPR16/941 Supervisor of Records Determination (October 24, 2016). On October 25, 2016, in a conversation with an attorney on my staff, Building Commissioner Mike Giampietro informed this office that there are no other responsive records. Mr. Sgourakes appealed the most recent Town response. In your November 10, 2016 response on behalf of the Town, you confirmed that the particular document that Mr. Sgourakes requested does not exist. In September 2016, the Building Commissioner provided Mr. Sgourakes with a copy of the ZBA's decision related to the subject ZBA hearing, in an effort to best accommodate the request, as the Town does not have the requested record. Under the Public Records Law, the Town is not required to create a record in response to a public records request. 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). 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). 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

David W. Waterfall, Esq. SPR16/1030 Page 2 December 5, 2016 Conclusion I find the Town has satisfied its statutory and regulatory obligations under the Public Records Law in responding to a request for records. If Mr. Sgourakes is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court ofthe Commonwealth. See G. L. c. 66, § lO(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). cc: Mike Giampietro George Sgourakes