Paul Rossi v. Medfield, Town of - Police Department (SPR 20170256)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 2, 2017 SPR17/256 Georganne Gerlach Records Access Officer Medfield Police Department 93 West Street Medfield, MA 02052 Dear Ms. Gerlach: I have received the petition of Paul Rossi appealing the response of the Town of Medfield- Police Department (Department) to a request for public records. G. L. c. 66 § 1 OA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Rossi requested a list of police incident reports relating to vehicle damage caused by a specifically identified railroad crossing within Medfield. On February 10, 2017 the Department provided Mr. Rossi with a response to his request. In this appeal, Mr. Rossi is petitioning the substantive nature of the Department's response, believing that he has not been provided with all responsive records. No Duty to Create Records Under the Public Records Law, the Department is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d); 32 Op. Atty Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Subsequent to the intervention by a member of the Public Records Division staff, this office was notified that the Department has provided all responsive records in their possession. The Department has also agreed to issue a supplemental response to Mr. Rossi that will explain why there are no further responsive records. Whereas this matter was opened based upon the Department's failure to provide a complete written response, I will now consider this administrative appeal closed with the proviso that the Department issues a supplemental response to Mr. Rossi's request. Mr. Rossi may appeal the substantive nature of the Department's response within ninety (90) days. See 950 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

Georganne Gerlach SPR17/256 Page 2 March 2, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Paul Rossi