Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20170077)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 27, 2017 SPR17/077 Paul E. Cohen Town Manager Town of Chelmsford 50 Billerica Road Chelmsford, MA 01824 Dear Mr. Cohen: I have received the petition of Stanley Mazurczyk appealing the response ofthe Town of Chelmsford- Town Manager (Town) to a request for public records. G. L. c. 66 § IO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Mazurczyk requested a copy of the selection process document(s), the Town Manager followed (used) to elevate James Spinney to the position of Chief of the Town's Police Department (Department). You provided Mr. Mazurczyk with a copy of your correspondence to the Board of Selectmen (Board) regarding the appointment of James Spinney as Police Chief, and the minutes of the Board's confirmation of James Spinney's appointment as Police Chief. Previous appeal The requested records were the subject of a prior appeal and determination. See 1 SPR16/1188 Supervisor ofRecords (Supervisor) (December 16, 2016). In the December 16h determination, the Supervisor advised Mr. Mazurczyk that the Town is not required to create a list of records or any record in response to a public records request, nor is a public employee 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). This office confirmed with the Town that all records were provided in response to the public records request; however the Town had not confirmed in writing to Mr. Mazurczyk that all records were provided. The Town was asked to provide Mr. Mazurczyk with a response that would confirm whether the Town has provided all the responsive records that exist and are in its custody. In a December 22, 2016 email to Mr. Mazurczyk and copy to this office, you wrote, "[I] am hereby providing you with a written confirmation that the Town has provided you with all records in our custody that pertain to your September 29, 2016 request. 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

Paul E. Cohen SPR17/077 Page 2 January 27, 2017 Accordingly, whereas the Town has confirmed in writing that Mr. Mazurczyk was provided with all records responsive to his request, I will consider this appeal closed. If Mr. Mazurczyk 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). Sincerely, mtvMoct /~J;tu!/A· Rebecca S. Murray Supervisor of Records cc: Stanley Mazurczyk