Scott M. Zanolli v. Norwood, Town of - Town Clerk (SPR 20180712)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records May 21, 2018 SPRlS/712 Thomas J. McQuaid, CPA Norwood Town Clerk 566 Washington Street, Room 27 P.O. Box 40 Norwood, MA 02062 Dear Mr. McQuaid: I have received the petition of Scott Zanolli appealing the response of the Town of Norwood (Town) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Zanolli requested 17 categories ofrecords. The Town provided a fee estimate of $354.00. Mr. Zanolli paid this fee, and was provided a response on April 19, 2018. The Town's April 19th response In their response dated April 19, 2018, the Town provided responsive records and indicated that the Norwood Fire Department and Board of Selectmen were still seeking further records. When Mr. Zanolli received no further correspondence regarding his request, he petitioned this office, and this appeal was opened as a result. It is my understanding that a Public Records Division staff member contacted you regarding this appeal, and you provided a supplemental response. The Town's May 20th response In the Town's supplemental response, dated May 20, 2018, Town Counsel Karis North indicated that a review of documents from the Board of Selectmen and Fire Department has uncovered no additional responsive records. Use ofc ustodian's superior knowledge In accordance with the Public Records Law, a custodian is expected to use their superior knowledge of the records in their custody to assist the requestor 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. 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

Thomas J. Mc Quaid, CPA SPR18/712 Page 2 May 21, 2018 See G. L. c. 66, § IO(a)(ii). A records access officer 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, § lO(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 municipality to produce records sought more efficiently and affordably). Additionally, under the Public Records Law, the Town is not required to create any record in response to a public records request. A public employee is also 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 Town has confirmed that they provided all records in their custody responsive to Mr. Zanolli's 17-part request. Conclusion Accordingly, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murr~ Supervisor of Records cc: Scott Zanolli