Aliana Brodmann E. von Richthofen v. Massachusetts Commission Against Discrimination (SPR 20171286)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords September 18,2017 SPR17/1286 Aliana Brodmann E. von Richthofen Dear Ms. von Richthofen: This office has received your email appealing the lack of compliance of the Massachusetts Commission Against Discrimination (MCAD) to your request for an alteration of its records. Specifically, you requested an amendment to be made to a record to reflect that a "[c ]ase was not pursed [sic] by the MCAD." After reviewing this information I find that I am unable to accept your appeal. Under the Public Records Law, the MCAD 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 ofthe custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Furthermore, it should be noted that the Supervisor of Records does not have the authority to direct a municipality or state agency to make amendments to records within their possession. As your appeal does not relate to accessing existing records, I will consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Myrna Solod 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