Robert W. Anderson, Jr. v. Department of Correction - Legal Division (SPR 20171156)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 7, 2017 SPR17/1156 Robert W. Anderson, Jr. Dear Mr. Anderson: I have received your petition appealing the response of the Department of Correction (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, you requested thirty-five categories of records including, but not limited to, statistical data, videotape footage, and computer logs. Unsatisfied with the response you had received, you petitioned this office, specifically to address "the accuracy of the [r] ecords Ms. Silva ofthe DOC supplied." Consequently, this appeal was opened. No duty to create records, answer questions Under the Public Records Law, the Department 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, § 10(a)(ii). Further, please be advised that a records custodian and/or records access officer has no obligation under the Public Records Law to answer questions, conduct research or analyze records or information. The Public Records Law only applies to records. See G. L. c. 4, § 7 (definition of a public record). Conclusion Verification of the accuracy of the records provided by the Department is outside of the scope of authority of this office. However, you may appeal the substantive nature of the Department's exemption claims within ninety days. See 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

Robert W. Anderson, Jr. SPR17/1156 Page 2 September 7, 2017 Sincerely, ~y~ Supervisor of Records cc: Kate M. Silvia