Colman Herman v. Division of Capital Asset Management and Maintenance (SPR 20171702)

The Cornrnonwealth of Massachusetts William Francis Galvin, Secretary of the Cornmonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 2 1,201 7 SPR1711702 Theresa A. Lepore Division of Capital Asset Management & Maintenance One Ashburton Place, 15 t" Floor Boston, MA 02108 Dear Ms. Lepore: I have received the petition of Colman Herman appealing the response of the Division of Capital Asset Management & Maintenance (Division) to a request for public records. G. L. c. 66, 5 l0A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Herman requested a copy of any documentation or correspondence related to leases with yacht and boat clubs. Unsatisfied with the response he had received from the Division, noting they are not in possession of any additional responsive records, Mr. Herman petitioned this office and this appeal was opened as a result. Current appeal In its December 11 ,2017 response, the Division informed Mr. Herman that it has no additional responsive documents within its possession. Under the Public Records Law, the Division is not required to create a list of records or any record in response to a public records request. Under the Public Records Law, the Division is not required to create a record in response to a public records request. See G. L. c. 66, 5 6A(d); 32 Op. Att~G en. 157, 165 (May 18, 1977). 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, 5 lO(a)(ii). Records Management The basis of Mr. Herman's appeal raises questions regarding the records management of the Division. Safeguards must be instituted by the Division to ensure that all records are retained in accordance with both applicable law as well as the retention schedules promulgated by this office. G. L. c. 66, 5 8; G. L. c. 66, 5 13; G. L. c. 66, 5 15. To assist the Division in meeting its burden, I advise that the Division review the Guide to the Massachusetts Public Records Law, available online at: http:llwww.sec.state.ma.us/pre/prepdfIguide.pdf. One Ashburton Place, Room 1719, Boston, Massachusetts 021 08 (61 7) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us