Douglas J. Maclachlan v. Bellingham, Town of - Police Department (SPR 20180773)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records June 1,2018 SPRl81773 Chief Gerard 1;. Daigle Bellingham Police Department 30 Blackstone Street Bellingham, 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 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Maclachlan requested records related to Door-to- -- Door solicitation permits. Previous appeal This request was the subject of a previous appeal. SPR18/626 Determination of the Supervisor of Records (May 8,2018 ). I closed SPR181626 by ordering the Department to provide Mr. Maclachlan with a supplemental response. TIte Department's May 24"' response In its response sent on May 24,20 18 , the Department provided additional responsive records, addressing the concerns Mr. Maclachlan expressed in his previous appeal. Unsatisfied with this response, Mr. Maclachlan petitioned this office, and this appeal was opened as a result. Mr. Maclachlan's appeal petition included several questions he wanted answered by the Department. It is my understanding that a Public Records Division staff member contacted you regarding this appeal, and you provided a supplemental response. The Department's May 31Str esponse The Department's response dated May 3 1,201 8 addresses Mr. Maclachlan's concerns, and indicates that it has provided all records responsive to his request. One Ashburton Place, Room 1719 , Boston, Massachusetts 02108 (61 7) 727-2832. Fax: (617) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us

Chief Gerard L. Daigle Page 2 June 1,2018 No duty to create records or respond to questions - - --- The Department is not required to create 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, though the Department may choose to do so. b G . L . c. 66, 5 lO(a); 32 Op. Atty Gen. 157, 165 (May 18, 1977). 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 of records at the time of the request. See G. L. c. 66, § lO(a)(ii). An RAO must explain whether it possesses any other responsive records and use its laowledge of the records to facilitate providing any additional responsive records. G. L. c. 66, 5 lO(b)(vii). Conclusion Accordingly, as the Department has provided all records responsive to Mr. Maclachlan's original request and is under no obligation to create records in response to his inquiries, I will now consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Douglas Maclachlan