Jodi L. Greenleaf v. Executive Office of Energy and Environmental Affairs - Office of Coastal Zone Management (SPR 20170126)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 3,201 7 SPRl71126 Jennifer Sulla, Esq. Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston; MA 021 14 Dear Attorney Sulla: I have received the petition of Jodi L. Greenleaf appealing the nonresponse of the Executive Office of Energy and Environmental Affairs (EEA) to a request for public records. G. L. c. 66 fj 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Greenleaf asked EEA several questions related to barn inspections and animal inspectors. Ms. Greenleaf petitioned this office on January 27,2017 upon not receiving a final response to these questions. 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. &G. L. c. 4, tj 7(26) (defining "custodian" as the public employee with routine access to or control of public records). There is no obligation to create a record in response to a request for public records. G. L. c. 66, fj 10(a); 32 Op. At& Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information). Ms. Greenleaf s request consisted solely of questions posed to EEA. Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to a public records request. Further, in a February 2,20 17 telephone conversation with a member of my staff you explained that EEA views ths matter as a press inquiry, not as a public records request. Accordingly, as EEA is not required to answer questions under the Public Records Law, I will now consider this administrative appeal closed. Sincerely, w Rebecca S. Murray Supervisor of Records cc: Jodi L. Greenleaf One Ashburton Place, Room 1719, Boston, Massachusetts 02108 * (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre preasec. state.ma.us