Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20170531)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 25, 2017 SPR17/531 Susan G. Hazen Town Clerk Town of Rowley 139 Main Street, P.O. Box 351 Rowley, MA 01969 Dear Ms. Hazen: I have received the petition of Timothy Toomey appealing the response of Town of Rowley Town Clerk (Town) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1). Specifically, on February 20, 2017, Mr. Toomey requested a copy of "any and all information concerning a report filed by the treasurer of the Town of Rowley concerning expenditures of public resources specifically i.e. (Town of Rowley Library that was used for a meeting for campaigning after normal hours held on September 27, 2015), relating to a report filed with the clerk disclosing such activity." No responsive records In its March 2, 2017 response, the Town informed Mr. Toomey "[N]o such report has been filed by the Treasurer's office." The Town explained that it is unaware of any expenditure that would have required any such report to be completed. Under the Public Records Law, the Town is not required to create a list ofrecords or any record in response to a public records request. In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 6A(d); 32 Op. Atty Gen. 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 ofrecords at the time of the request. See G. L. c. 66, § 1O (a)(ii). Accordingly, whereas the Town has explained no responsive record exists, I will 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

Susan G. Hazen SPRl 7/531 Page 2 April 25, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Timothy A. Toomey