Emmett S. Muldoon v. Massachusetts Office on Disability (SPR 20170169)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 6,2017 SPR171169 Evan C. Bjorklund Records Access Officer Massachusetts Office on Disability One Ashburton Place Room 1305 Boston, MA 02108 Dear Mr. Bjorklund, I have received the petition of Emmett S. Muldoon appealing the response of the Massachusetts Office on Disability (Office) to a request for public records. G. L. c. 66 tj 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Muldoon requested five (5) categories of -- documents relating to the Office and its policies. Mr. Muldoon is appealing the substantive nature of the Office's January 27,2017 response, believing that he has not received all responsive records. No Duty to Create Records Under the Public Records Law, the Office is not required to create a list of records or any record in response to a public records request. See G. L. c. 66, 5 lO(a); 32 OD.A tt~Ge n. 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, 5 7(26). Subsequent to intervention by a member of my staff, I learned that the Office has provided Mr. Muldoon with all responsive records in their January 27th response. Additionally, the Office has also provided Mr. Muldoon with a supplemental response, dated February 6,2017, explaining why there are no further documents relating to his original request. Whereas this matter was opened on the basis of the Office's failure to provide a complete written response, I will now consider this administrative appeal closed. Mr. Muldoon may appeal the substantive nature of the Office's response within ninety (90) days. See C.M.R. 32.08(1). 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

Mr. Evan Bjorklund Page 2 February 6,2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Emmett S. Muldoon