Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20161188)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords December 16, 2016 SPR16/1188 Paul Cohen Town Manager Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Mr. Cohen: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford- Town Manager (Town) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Mazurczyk is appealing the Town's response to his request for the "selection process, document(s )" the town manager used to appoint the Chief of the Chelmsford Police Department. Finding the Town's response unsatisfactory, Mr. Mazurczyk petitioned this office. No duty to create records Under the Public Records Law, the Office is not required to create a list ofrecords 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, § lO(a); 32 Op. Atty Gen. 157, 165(May18, 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). Subsequent to the intervention by a member of my staff, you confirmed the Town provided Mr. Mazurczyk with all existing records in their custody that pertain to his September 29, 2016 request. However, I find the Town must confirm this in a written response to Mr. Mazurczyk. Accordingly, I will consider this appeal closed with the proviso that the Town provide Mr. Mazurczyk with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. 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

Paul Cohen SPR16/1188 Page 2 December 16, 2016 yours, ~ . Williams Supervisor of Records cc: Stanley Mazurczyk