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Jeffrey P. Bennett v. Templeton, Town of - Town Administrator (SPR 20161234)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 12-27-2016
ClosedAppealDecision
SPR 20161234 is a Massachusetts Public Records Law appeal filed by Jeffrey P. Bennett concerning records held by Templeton, Town of - Town Administrator, opened 12-27-2016. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20161234
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Jeffrey P. Bennett
- Date Opened
- 12-27-2016
- Date Closed
- 12-29-2016
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 29, 2016 SPR16/1234 Holly A. Young Assistant to Town Administrator - Town of Templeton 160 Patriots Road E. Templeton, MA 01438 Dear Ms. Young: I have received the petition of Jeffrey P. Bennett appealing the response of the Town of Templeton — Town Administrator (Town) to a request for public records, G. L. c. 66 § 10(b); see © also 950 C.M.R. 32.08(2). Specifically, Mr. Bennett requested ‘“‘a copy of the contract between the Town of Templeton (through its light department) and the Narragansett Regional School District.” Initially, you had provided a response dated November 3rd stating that the responsive records are not in the possession of the Town and the requester would need to make his request directly to Templeton Light & Water. Objecting to this response, Mr. Bennett petitioned this office. In his request, Mr. Bennett references G.L. c. 164, § 56C which states that: “Every municipal light commission or manager thereof, who makes or executes a contract on behalf of a municipal lighting plant, where the amount involved is five thousand dollars or more, shall furnish said contract or a copy thereof to the city or town auditor within one week after its execution. Said city or town auditor shall keep such contract or copy on file, open to public inspection during business hours.” In your December 28" response, you indicate that the Town is not in possession of the requested records. There is no obligation to create a record in response to a public records request. G. L. c. 66, § 10(a) (2014 ed.); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). Regardless of the above referenced statute, this office does not possess the authority to compel the Town to create records in response to this request. Given that the Town does not possess the responsive records and there is no duty to 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 Holly A. Young SPR16/1234 Page 2 December 29, 2016 create them, I will now consider this administrative appeal closed. Sincerely, ; Helena Murray Rebecca S. Murray Supervisor of Records ce: Jeffrey P. Bennett