Barbara Anzivino v. Stoughton, Town of - Town Manager (SPR 20171077)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records August 16, 2017 SPR17/1077 Mr. Steve Anastos Town Manager Town of Stoughton 10 Pearl Street, 3 rct Floor Stoughton, MA 02072 Dear Mr. Anastos: I have received the petition of Barbara Anzivino appealing the response of the Town of Stoughton Town Manager (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Anzivino requested all phone records, text messages, and emails sent or received by an identified municipal employee from June 15, 2017 through June 29, 2017. The Town responded to this Public Records Request on July 26, 2017. Feeling unsatisfied with the Town's response, Ms. Anzivino petitioned this office. In the Town's July 26, 2017 response to Ms. Anzivino's request, it addressed each category of requested records and explained that none of the specific kinds of records that Ms. Anzivino requested exist. However, the Town also stated it would, " ... [p ]rovide all [other] non privileged, responsive emails and a log of withheld emails shortly." Ms. Anzivino felt unsatisfied because she believes responsive records do in fact still exist in the personal phone, email, and "iPad" of the identified individual. Subsequent to the intervention by a member of the Public Records staff, Town Counsel notified this office that all responsive records were provided, and no further records exist in the personal email or cellphone of the individual. 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 ). 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, § lO(a)(ii). Town Counsel did agree to further investigate where the individual's "iPad" is, and whether any responsive records exist on it. The Town agreed to provide Ms. Anzivino with a supplemental response detailing the progress made in locating and investigating the "iPad." Whereas this matter was opened based upon the Town's failure to provide a written response, I 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

Town Manager SPR17/1077 Page2 August 16, 2017 will now consider this administrative appeal closed with the proviso that the Town provides a supplemental response to Ms. Anzivino, updating her on the status of the "iPad" and what records, if any, can be retrieved from it. Ms. Anzivino may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, ·~~ Rebecca S. Murray Supervisor of Records cc: Ms. Barbara Anzivino Mr. Brian Winner, Esq.