Stanley J. Soltys v. Warren, Town of - Police Department (SPR 20170060)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 25, 2017 SPR17/060 Chief Bruce Spiewakowski Town of Warren-Police Department One Milton 0. Fountain Way; P.O. Box 606 Warren, MA 01083 Dear Chief Spiewakowski: I have received the petition of Stanley Soltys appealing the response of the Town of Warren-Police Department (Department) to a request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, on October 25,2016, Mr. Soltys requested individual maintenance records and current mileage of the following vehicles: SUV Cruiser License No. 5116, SUV Cruiser License No. 5068, Ford Taurus License No. 82JV51, Crown Victoria License No. 222G and Crown Victoria License No. 372G. Department responses In the November 4, 2016 Department response, you explained to Mr. Soltys that in response to his April2ih request, you provided a computer print-out of all service performed by outside vendors on the same specifically-listed vehicles, along with the current mileage on those vehicles. The Department also asked Mr. Soltys to clarify his October 25th request because it was not clear what he mean by "copy of individual maintenance reports by vehicle license plate number." On November 15, Mr. Soltys provided a sample document template (form) that could be used for vehicle maintenance records and which shows the type of information that he seeks from the Department. The form included: Year of Vehicle, Make/Model, Vehicle License No., To-date Mileage and Maintenance on the Vehicle (Date of Service, Description of Service, Vendor and Cost). You state in your November 25th response, "the Department does not keep cruiser maintenance records in the format that you requested, and I am not required under the Public Records Law to create a document to satisfy your request. You have previously requested and received all of the maintenance records that are relevant to cruiser maintenance in your request dated April19, 2016." Mr. Soltys appealed your November 25th response. 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

Chief Bruce D. Spiewakowski SPR17/060 Page 2 January 25, 2017 No duty to create records Under the Public Records Law, the Department is not required to create a record or fill out the form that was provided to the Department by Mr. Soltys in response to a public record 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 (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). An attorney on my staff spoke with you regarding the request for the maintenance records for the Department's vehicles. You confirmed in a telephone conversation on January 25th that the Department gave Mr. Soltys all the records on the vehicle maintenance and mileage it has in response to his request. The Department does not have a vehicle maintenance log or any record similar to the sample template that Mr. Soltys sent the Department on November 15th. Accordingly, whereas the Department has provided records in response to Mr. Soltys' request, and in a manner consistent with the Public Records Law and its Regulations, I will consider this appeal closed. Sincerely, ~Ktf~t~JX Jll!Vlutr1AittL U Rebecca S. Murray Supervisor of Records cc: Mr. Stanley Soltys