Douglas J. Maclachlan v. Bellingham, Town of - Police Department (SPR 20180626)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 8,2018 SPRl81626 Chief Gerard L. Daigle, Jr. Bellingham Police Department 30 Blackstone Street Bellingharn, MA 020 19 Dear Chief Daigle: I have received the petition of Douglas Maclachlan appealing the response of the Bellingham Police Department (Department) to his request for public records. G. L. c. 66, 5 IOA; -see -also 950 C.M.R. 32.08(1). Specifically, Mr. Maclachlan requested: 1. A copy (preferably by email) of the 2-1 8 YTD Door - to - Door Solicitation Permit Summary Log; 2. A date and time that was convenient for Lt. Russell to present to myself at the police station, the 201 8 YTD Door - to - Door Sales Permits, for my review; 3. A copy (preferably by email) of the Door to Door Solicitation Regulations that are handed out with each permit; 4. A question, "Do you give the No Solicitation Registry to all those individuals with a Door Sales Permit, even those that are not legally required to comply with getting a permit?" 5. Is any written or oral communication given to the permit holder to respect no trespassing signs and if so, by whom. The Department responded to Mr. Maclachlan's request on March 23,201 8, and provided records responsive to Request 1 and Request 3. Unsatisfied with this response, Mr. Maclachlan petitioned this office, and this appeal was opened as a result. TIze Public Records Law In a response dated March 23,201 8, the Department indicates that it is in possession of no records responsive to Requests 2,4, or 5. In his appeal petition, Mr. Maclachlan claims there are records responsive to Request 2, and asks for guidance in obtaining a response to Requests 4 and 5. One Ashburton Place, Room 1719, Boston, Massachusetts 021 08 (617) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre * pre@sec.state.ma.us

Chief Gerard L. Daigle Page 2 May 8,2018 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, do research, or create documents in response to questions. See G. L. c. 66, 9 10(a); 32 Op. Attv Gen. 157, 165 (May 18, 1977). Consequently, the Department is under no obligation to respond to Request 4 or Request 5. In accordance with the Public Records Law, a custodian is expected to use their superior laowledge of the records in their 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 of records at the time of the request. -See G . L. c. 66, 5 lO(a)(ii). An 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, 5 lO(b)(vii). It is unclear if the Department possesses additional records responsive to Request 2. It is my understanding that a Public Records Division staff member contacted you about this matter and you indicated your willingness to provide Mr. Maclachlan with a supplemental response. Conclusion Accordingly, the Department is hereby ordered to provide a response to Mr. Maclachlan without delay. Said response shall be made in accordance with the Public Records Law, its Access Regulations and this order within ten business days. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Maclachlan may appeal the substantive nature of the Department's response within ninety days. 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Douglas Maclachlan