Stephen J. Morgan v. Ashland, Town of - Office of the Town Clerk (SPR 20171207)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 15, 2017 SPR17/1207 Cindy Livingstone Assistant Town Clerk Town of Ashland .1 01 Main Street Ashland, MA 01 721 Dear Ms. Livingstone: I have received the petition of Stephen J. Morgan appealing the response of the Town of Ashland (Town) to a request for public records. G. L. c. 66, § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Morgan requested notices, minutes and documents from a meeting on August 8, 2017 regarding the Ashland Strategic Advisory Group. You responded to Mr. Morgan by stating there were no responsive documents. Mr. Morgan, believing documents existed, appealed this response. · The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). 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, § 10(a)(ii). However, Mr. Morgan indicates that he saw requested documents at the meeting. Consequently, it is unclear if the Town possesses records responsive to his request. 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

Cindy Livingstone SPR17/1207 Page 2 September 15, 2017 In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requesters in obtaining the desired information. See 950 C.M.R. 32.04(5). Conclusion Accordingly, I will consider this appeal closed with the proviso that the Town provide Mr. Morgan a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Morgan may appeal the substantive nature of this response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~urr~ Supervisor of Records cc: Stephen Morgan