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Deborah Butler v. Framingham, City of - Mayor's Office (SPR 20170805)
Massachusetts Public Records Appeal · Public records appeal decision · Filed 06-14-2017
ClosedAppealDecision
SPR 20170805 is a Massachusetts Public Records Law appeal filed by Deborah Butler concerning records held by Framingham, City of - Mayor's Office, opened 06-14-2017. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.
Case Details
- Case Number
- 20170805
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Deborah Butler
- Custodian
- Framingham, City of - Mayor's Office
- Date Opened
- 06-14-2017
- Date Closed
- 06-21-2017
- Date Request Submitted
- 06-06-2017
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- 0 Business Days
- 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 of Records June 21, 2017 SPR17/805 Nichol Figueiredo Records Access Officer Town of Framingham 150 Concord Street Framingham, MA 01702 Dear Ms. Figueiredo: I have received the petition of Deborah Butler appealing the response of the Town of Framingham (Town) to her request for public records. G. L. c. 66 § 10A; see also 950 C.MLR. 32.08(1). Specifically, Ms. Butler requested a formal copy of a complaint issued against her by an identified individual in which Ms. Butler believes she is named. The Town denied her request, claiming that “there are no records responsive to this request.” Unsatisfied with the Town’s response, Ms. Butler petitioned this office and this appeal was opened as a result. The Town’s June 16 response Ina June 16" correspondence with this office, the Town indicates that “it has no records responsive to your request.”” The Town further explains “that the complaint was made verbally; accordingly there is no written complaint to provide to you.” The Town also indicates that “the complaint was investigated by outside counsel and you were previously provided with a redacted copy of the report of that investigation.” Under the Public Records Law, the Town is not required to create a record in response to a public records request. 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 that exist at the time of the request. See G. L. c. 66 § 10(a)(ii). As the Town does not possess records responsive to this request, and there is no duty to create such records, I will consider this appeal closed. If Ms. Butler 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. L. c. 66 § 10(b) (pursuing administrative appeal does not limit availability of applicable judicial ~ remedies). 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 ; Nichol Figueiredo SPR17/805 Page 2 June 21, 2017 Sincerely, Relerca Rebecca S. Murray Supervisor of Records cc: Deborah Butler