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Timothy A. Toomey v. Rowley, Town of - Town Clerk (SPR 20170583)
Massachusetts Public Records Appeal · Administratively closed · Filed 04-28-2017
ClosedAppealResolved
SPR 20170583 is a Massachusetts Public Records Law appeal filed by Timothy A. Toomey concerning records held by Rowley, Town of - Town Clerk, opened 04-28-2017. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Administratively closed.
Case Details
- Case Number
- 20170583
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Timothy A. Toomey
- Custodian
- Rowley, Town of - Town Clerk
- Date Opened
- 04-28-2017
- Date Closed
- 05-04-2017
- Date Request Submitted
- 04-11-2017
- Response Provided Date
- 04-12-2017
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- N/A
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 4, 2017 SPR17/583 Susan G. Hazen Town Clerk Town of Rowley 139 Main Street P.O. Box 351 Rowley, MA O1 969 Dear Ms. Hazen: I have received the petition of Timothy Toomey appealing the response of the Town of Rowley Town Clerk to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Toomey requested "[a]ny and all information regarding discrepancy between free cash reported by Town Accountant Bailey and presented by Robert Snow, selectman, at the June 30, 2015 water board meeting and the free cash certified by the Commonwealth of Massachusetts Department of Revenue (DOR) on April 6, 2016." The Town provided their response on April 12, 2017 and stated that there were no responsive records to Mr. Toomey's request. No duty to create records Under the Public Records Law, the Town is not required to create a record in response to a public records request. In addition, a public employee is not required to answer questions or do research 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 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, § 1O (a)(ii). 111 In the Town's April 12 response to Mr. Toomey, the Town confirms that it does not possess documents responsive to this request. Given that the Town is not required to create records or answer questions, accordingly, I will now consider this administrative appeal closed. 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 Susan G. Hazen SPR17/ 583 Page 2 May 4, 2017 Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Mr. Timothy Toomey