George E. Sgourakes v. Millis, Town of - Building Department (SPR 20170003)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 5, 2017 SPR17/003 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 Sgourak:es appealing the response ofthe Town of Millis (Town) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Sgourakes requested the "Building Commissioner provide his interpretation of a 'Front Yard' certified with signature, date and title ...." Previous appeal This request was the subject of previous appeals. See SPR16/755 Supervisor of Records Determination (September 20, 2016); SPR16/890 Supervisor ofRecords Determination (October 24, 2016); SPR16/941 Supervisor ofRecords Determination (November 7, 2016); SPR16/1030 Supervisor ofRecords Determination (December 5, 2016); SPR16/1217 Supervisor of Records Determination (December 21, 2016). In the December 21 determination this office found the 1 Town satisfied its statutory and regulatory obligations under the Public Records Law in responding to a request for records. Present appeal In a November 10,2016 response on behalf of the Town, Attorney Waterfall explained "the Town does not have any such document in its possession, custody, or control." He indicated that during a hearing, "the Building Commissioner testified regarding his interpretation of 'front yard' in the context ofthe Town's Zoning Bylaw, and this discussion is reflected in the minutes that have been provided to Mr. Sgourakes. However, this interpretation of the Building Commissioner was never reduced to writing." The Town provided Mr. Sgourak:es with a copy of meeting minutes, a section of the Town's bylaw, and the ZBA's decision related to the subject ZBA hearing. 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 SPR17/003 Page2 January 5, 2016 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, § 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 his appeal petition dated January 2, 2017 Mr. Sgourakes provided a copy of a part of a plot plan. He requests that this office "have the attached public record properly signed, dated, sealed and filed by a professional engineer." Mr. Sgourakes cites "250 CMR 5.00 Professional Practice" and explains "[t]his is the law that has been violated and the basis of my request I have made in my initial request." It should be noted that this office has the statutory authority to determine the public status of records in Massachusetts. See G.L. c. 66, § 1O A. Therefore, Mr. Sgourakes's request that this office have a record "properly signed, dated, sealed and filed by a professional engineer" is beyond the purview of the Public Records Division. 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 ofthe Commonwealth. See G. L. c. 66, § 10A(c). Sincerely, KJ~~·· Rebecca S. Murray Supervisor of Records cc: David W. Waterfall, Esq. George Sgourakes