Paul R. Moore v. Department of Public Health - Registry of Vital Records and Statistics (SPR 20170637)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords May17,2017 SPR17/637 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Paul R. Moore appealing the response of the Registry of Vital Records and Statistics (Registry) to a request for public records. G. L. c. 66 § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Moore requested a copy of a specified death certificate. Mr. Moore was informed that the Registry did not have a death certificate for the specified individual. Dissatisfied with this response, Mr. Moore petitioned this office and this appeal, SPR 17 /637 was opened as a result. No responsive records Mr. Moore was informed that there were no records responsive to his request. In a May 1 J1h email to a member of the Public Records Division staff, you confirmed that "there is no death certificate with the Registry or with the City of Lynn." Under the Public Records Law, the Registry 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, 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, § 10( a)(ii). Conclusion Whereas it has been confirmed that no responsive records exist, I find that the Registry satisfied their burden in responding to a request for public records. I will now consider this administrative appeal closed. If Mr. Moore is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. 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

Helen Rush-Lloyd SPRl 7/637 Page 2 May 17, 2017 L. c. 66, § 1O (b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Paul R. Moore