Ronald M. MacLeod v. Haverhill, City of - City Solicitor's Office (SPR 20161202)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records December 21, 2016 SPR16/1202 Mr. William D. Cox, Esq. Haverhill City Solicitor 145 South Main Street Bradford, MA 01835 Dear Attorney Cox: I have received the petition of Ronald MacLeod appealing the response of City of Haverhill (City) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. MacLeod requested a copy of "the annual traffic safety report that was submitted to you in July 2016." This request was the subject of a previous appeal. See SPR 16/1131 Determination of the Supervisor of Records (December 16, 2016). That appeal was closed when you informed this office that you would provide Mr. MacLeod with a revised response to his request. In a December 16, 2016 email you notified this office you provided Mr. MacLeod with all records responsive to his request. Mr. MacLeod appealed this response, stating that he believes there should be more responsive records, in particular the "Annual Traffic Safety Report." Subsequent to the intervention by a member of my staff, you confirmed that no other responsive records exist. 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. 66, § lO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). Therefore, whereas all responsive records have been provided, I will now consi is administrative appeal closed. cc: Ronald MacLeod 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