Eoin Higgins v. Executive Office of Energy and Environmental Affairs - Office of Coastal Zone Management (SPR 20161090)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records December 9, 2016 SPR16/1090 Margaret Callanan Executive Office of Energy and Environmental Affairs 10 0 Cambridge Street Suite 900 Boston, MA 02114 Dear Ms. Callanan: I have received the petition of Eo in Higgins from the Berkshire Eagle appealing the response of the Executive Office of Energy and Environmental Affairs (Office) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Higgins is appealing the Office's response to his request for "documents in the Secretary's office regarding [a specific property address]." Having received no responsive records from the "office of Secretary Beaton," Mr. Higgins petitioned this office. No duty to create records Under the Public Records Law, the Office is not required to create a list of records or any 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). In a letter dated October 19, 2016 the Office indicated "[a]fter a diligent search the [Office] has found no documents responsive to your request." I understand the Office provided another copy of this response to Mr. Higgins on November 30, 2016. Whereas the Office has confirmed it has no responsive records, I will consider t · a: peal c sed. Supervisor of Records cc: Eoin Higgins 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