Lisa M. Peltier v. Dalton, Town of (SPR 20170602)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May 11, 2017 SPR17/602 Kenneth E. Walto Town Manager Town of Dalton 462 Main Street Dalton, MA 01226-1601 Dear Mr. Walto: I have received the petition of Lisa M. Peltier appealing the response of the Town of Dalton (Town) to a request for public records. G. L. c. 66 § IOA; see also 950 C.M.R. 32.08(1). Specifically, on February 8, 2017 and March 20, 2017 Ms. Peltier requested email communications and answers to a series of multi-part questions. The Town responded to both request letters, providing written, good faith estimates to search for any records that may be responsive to Ms. Peltier's questions. Ms. Peltier has appealed; seeking yes or no answers to her questions. Status of the requester and purpose for the request Ms. Peltier should be advised that a records custodian is not required to answer questions, create records, or conduct analysis or research in response to a Public Records Law request. With her petition, Ms. Peltier provided this office with copies of notices of active and on-going civil actions filed by Ms. Peltier against the Town and Town Manager with the Massachusetts Commission against Discrimination (MCAD), the Department of Unemployment Assistance (DUA) and the federal Equal Employment Opportunity Commission (EEOC). The Public Records Law does not distinguish between individuals seeking public records. Ms. Peltier should be advised that her status as the person who posed the questions and who seeks certain communication records for her complaint process offers her no greater right of access than any other person in the public realm. See G. L. c. 66, § lO(a) (2017 ed.) (public records are to be provided to any person; there is no standing requirement); see also Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). Access to a record pursuant to the Public Records Law rests on the content of the record, regardless of the circumstances of the requester. The discovery process and the Public Records Law are two distinct and independent 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

Kenneth E. Walto SPR17/602 Page2 May 11, 2017 avenues for gaining access to records. Ms. Peltier should be advised that the appeal process under the Public Records Law shall not apply to records in which an individual, or a representative of the individual, has a unique right of access to the records through statutory, regulatory, judicial or other applicable means. See 950 C.M.R. 32.08(1)(a) (2017 ed.). Ms. Peltier has a unique right of access through the administrative processes with MCAD, DUA and the EEOC. Whereas the Town provided a response and Ms. Peltier has a unique right of access through the administrative process, I decline to continue any further review of this petition. Accordingly, this appeal is closed. Sincerely, ~.~ Supervisor of Records cc: Lisa M. Peltier