Brian E. Smith v. Office of the District Attorney - Plymouth District (SPR 20170438)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 7, 2017 SPR17/438 Gail McK enna, Esq. Record Access Officer Office of the District Attorney - Plymouth District 166 Main Street Brockton, MA 02301 Dear Attorney McKenna: I have received the petition of Brian Smith appealing the response of the Office of the District Attorney Plymouth District (Office) to a request for public records. G. L. c. 66 § 1 OA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Smith requested records pertaining to "a copy of the written policy for confidential informants utilized by the Abington Police Department together with the District Attorney for Plymouth County." Initially, you had provided a response to Mr. Smith on March 10th, 201 7 informing him that the Office does not have responsive records. Objecting to this response Mr. Smith petitioned this office. In his March 28th petition to this office, Mr. Smith contends that the Office "should maintain a copy of this policy" and requests for this office to make certain that the Office had conducted a thorough search for responsive records. In your subsequent response dated April 7th, 2017, you once again indicated that the Office is not in possession of the requested records. Additionally, in a phone conversation with a member of the Public Records Division staff, you stated that a thorough search was performed and that there were no responsive records. You also informed this office that you directed Mr. Smith to make his request for records to the Abington Police Department. There is no obligation to create a record in response to a public records request. G. L. c. 66, § 6A(d); 32 Op. Att'y Gen. 157, 165 (May 18, 1977). Given that the Office does not possess the responsive records and there is no duty to create them, I will now consider this administrative appeal closed. 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

Gail McKenna, Esq. SPRl 7/438 Page 2 April 7, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Gail McKenna, Esq.