George E. Sgourakes v. Millis, Town of - Building Department (SPR 20161217)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor of Records December 21, 2016 SPR16/1217 Michael Giampietro Town of Millis -Building Department 900 Main Street, Room 129 Millis, MA 02054 Dear Mr. Giampietro: 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 prior appeals. See SPR16/941 Supervisor of Records Determination (October 24, 2016); SPR16/1030 Supervisor of Records Determination (December 5, 2016) On October 25, 2016. In his current appeal Mr. Sgourakes reques.ts that this office order the Town "certify" a certain document "as a Town of Millis document with a responsible town official. ... " 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, § IO( 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). Conclusion Accordingly, 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 of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). 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

Michael Giampietro SPR16/1217 Page 2 December 21, 2016 cc: David W. Waterfall, Esq. KP Law, LLP George Sgourakes