Stanley J. Soltys v. Warren, Town of - Board of Selectmen (SPR 20171445)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords October 11, 2017 SPR17/1445 Rebecca Acerra Records Access Officer Town of Warren 48 High Street, P.O. Box 609 Warren, MA 01083 Dear Ms. Acerra: I have received the petition of Stanley Soltys appealing the response of the Town of Warren (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Soltys contacted the Town asking several questions. Claiming to not yet have received a response, Mr. Soltys petitioned this office. No duty to create records Under the Public Records Law, the Town 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, § lO(a); 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. 4, § 7(26). Mr. Soltys asked several questions that do not appear to pertain to accessing public records. Therefore, the Town need not respond under the Public Records Law. Sincerely, Rebecca S. Murray Supervisor of Records cc: Stanley Soltys 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