Stanley Mazurczyk v. Chelmsford, Town of - Town Clerk (SPR 20180406)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records April 2, 2018 SPR18/406 Tricia Dzuris Town Clerk 50 Billerica Road Chelmsford, MA O1 824 Dear Ms. Dzuris: I have received the petition of Stanley Mazurcyzk appealing the response of the Town of Chelmsford (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Mazurcyzk requested an email distribution list detailing the electronic communications of Town Meeting members. Subsequent to the intervention by a staff member of the Public Records Division, I learned that the Town provided Mr. Mazurcyzk a supplemental response dated March 23, 2018. In the response you state, "I do not keep an email distribution list for Town Meeting Members. The email addresses are contained within the program that is displayed on the town website. If they have one, each of their individual addresses are there if you need them." Under the Public Records Law, the Town 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 of the custodian ofrecords at the time of the request. See G. L. c. 66, § IO(a)(ii). Given that the Town does not possess responsive records and is under no duty to create them, accordingly, I will now consider this administrative appeal closed. Sincerely, ~~ Supervisor of Records cc: Stanley Mazurcyzk 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