Robert W. Anderson, Jr. v. Department of Correction - Legal Division (SPR 20171162)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 7, 2017 SPR17/1162 Kate M. Silvia Records Access Officer Department of Correction 50 Maple Street, Suite 3 Milford, MA 01757 Dear Ms. Silvia: I have received the petition of Robert Anderson 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, Mr. Anderson requested thirty-five categories ofrecords which he believes are in the possession of the Department. Unsatisfied with the Department's response, Mr. Anderson petitioned this office and this appeal was opened as a result. Current appeal On August 24, 2017 Mr. Anderson contacted this office expressing his dissatisfaction and appealing the Department's August 14, 2017 response. Specifically, Mr. Anderson took issue with two aspects of the Department's response: 1) the Department's unwillingness to issue a fee waiver, despite Mr. Anderson's self-proclaimed status of indigence, and 2) the lack ofa response concerning a specific question that Mr. Anderson framed to a representative of the Department regarding his request. Fees A custodian of records may assess a reasonable fee for complying with a request for public records. G. L. c. 66, § 1O (a); see also 950 C.M.R. 32.06(2) (where cost of complying with a request for public records is expected to exceed ten dollars ($10.00), custodian of records shall provide written good faith estimate). Absent specific statutory authority to the contrary, the fees to be charged for complying with requests for public records are established by the Public Records Access Regulations (Regulations). See 950 C.M.R. 32.06 (fees for public records). Mr. Anderson should be advised that this office does not have the authority to require the waiver of a reasonable fee. Any waiver of a fee is left to the discretion of the records custodian. 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

Kate M. Silvia SPR17/1162 Page 2 September 7, 2017 No obligation to answer questions Under the Public Records Law, the Department is not required to create a list of records or any 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 of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Conclusion As such, I find that the Department has responded appropriately in their previous response to Mr. Anderson. Accordingly, I will now consider this administrative appeal closed. Sincerely, ~rr~ Supervisor of Records cc: Robert W. Anderson, Jr.