Carl Gomes v. Worcester City Manager's Office (SPR 20180130)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor o f Records February 8,2018 SPR181130 Joshua Martunas Records Access Officer Office of the City Manager Worcester City Hall- Room 306 455 Main Street Worcester. I\L4 01608 Dear Mr. Martunas: I have received the petition of Mr. Carl Gomes appealing the response of the City of Worcester Department of Public Works and Parks (Department) to a request for public records. G. L. c. 66, 5 10A, see also 950 C.M.R. 32.08(1). Specifically, Mr. Gomes originally requested documents concerning the "master planning process that took place for Indian Lake as it relates specifically to 149 West Boylston Drive." On November 28,2017, the Department provided Mr. Gomes with information about where to find the approved Master Plan and where property ownership could be found. Appeal Mr. Gomes appealed the Department's response believing that the attendance list had redacted contact information. Based on communications with this office, it is my understanding the Department did not create the original records and received the records without the contact information. The Department sent a response to Mr. Gomes on February 7,201 8 explaining that "[tlhe Master Plan contains the names of attendees but does not contain their contact information." The Department stated "[tlhe city is not in possession of the information you seek, and has no additional records responsive to your request." 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), (b)(ii). Conclusion Accordingly, where the Department does not possess the requested contact information and is under no duty to create it, I will consider this appeal closed. 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

Joshua Martunas Page 2 February 8,2018 Sincerely, u Rebecca S. Murray Supervisor of Records cc: Mr. Carl Gornes