David Tuttle v. Worcester County Sheriff's Office (SPR 20180555)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords April 27, 2018 SPRlS/555 Andrew J. Abdella Worcester County Sheriffs. Department 5 Paul X Tivnan Drive West Boylston, MA O1 5 83 Dear Mr. Abdella: I have received the petition of David Tuttle appealing the response of the Worcester County Sheriffs Department (Department) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Tuttle requested: 1. A copy of the "Table of Contents" of the list to all of the Worcester County Sheriffs Office policies; 2. A copy of the "Table of Contents" of the list to all the code of Massachusetts regulations; 3. A copy of a list of all state and U.S. Senators and state and U.S. Representatives who are currently representing the Commonwealth of Massachusetts; and 4. A copy of all Worcester County Sheriffs Office Jail staff first and last names who work in the "mail room" of the Worcester County Jail and House of Correction. Claiming the Department failed to adequately respond to his request, Mr. Tuttle petitioned this office, and this appeal was opened as a result. The Department's April 5th and April 6th response Subsequent to intervention by a Public Records Division staff member, a representative of the Department provided a copy of Mr. Tuttle's caseworker service notes, which indicate that Mr. Tuttle was hand-delivered records responsive to Part 1 and Part 4 of hi~ request on April 5, 2018. On April 6, 2018, the Department informed Mr. Tuttle that they were in possession ofno records responsive to Part 2 or Part 3 of his request, but nevertheless expressed a willingness to help him access the requested information. 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

Andrew J. Abdella SPR18/555 Page 2 April 27, 2017 The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § IOA(d); 950 C.M.R. 32.03(4). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 1O (b )(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 1 O(b )(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Use ofc ustodian's superior knowledge; No duty to create records In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in his custody to assist the requester in obtaining the desired information. 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, § lO(a)(ii). A records access officer (RAO) must explain whether it possesses any other responsive records and use its knowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, § 1 O(b )(vii) ( a municipality shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). Additionally, under the Public Records Law, the Department 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 ofrecords at the time of the request. See G. L. c. 4, § 7(26). The Department has confirmed that they provided Mr. Tuttle with all records in their possession responsive to Part 1 and Part 4 of his request. The Department further confirmed that they are in possession of no records responsive to Part 2 or Part 3 of Mr. Tuttle's request.

Andrew J. Abdella SPR18/555 Page 3 April 27, 2017 Conclusion Accordingly, as the Department has provided all records in their custody responsive to Mr. Tuttle's request, I will now consider this administrative appeal closed. Sincerely, ~a~ Supervisor of Records cc: David Tuttle