Stanley Mazurczyk v. Chelmsford, Town of - Town Manager (SPR 20171720)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 19, 2017 SPR17/1720 Patricia E. Dzuris Town Clerk Town of Chelmsford 50 Billerica Road Chelmsford, MA O1 824 Ms. Dzuris: I have received the petition of Stanley Mazurczyk appealing the response of the Town of Chelmsford (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Mazurczyk requested documents which "provided incomplete response to my request dated December 6, 2017." Mr. Mazurczyk states he was informed by the Town Manager of Chelmsford that the records he requested "don't exist," while he contends the records actually did exist. Subsequent to the intervention by a staff member of the Public Records Division, this office was notified that the Town provided a response on December 12, 2017 that asserts they "have completed the work in reference to your request as referenced above. The response is given below. In addition please refer to the attachments which include[s] the data and the description of response content, which we believe should suffice for your needs." 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, § lO(a)(ii). Whereas this matter was opened based upon the Town not providing existing documents to Mr. Mazurczyk, I will now consider this administrative appeal closed. Mr. Mazurczyk may appeal the substantive nature of the response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, ~~ Supervisor of Records cc: Mr. Stanley Mazurczyk 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