Brian Keaney v. Dedham, Town of - Town Clerk (SPR 20181460)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 15, 2018 SPRlS/1460 Andrea Terkelsen Town of Dedham 26 Bryant Street P.O. Box 306 Dedham, MA 02026 Dear Ms. Terkelsen: I have received the petition of Brian Keaney appealing the response of the Town of Dedham (Town) to a request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). On September 6, 2018, Mr. Keaney requested documents pertaining to "Memorial bench at the new Town Hall" and documents pertaining to "Historical, cross-generational story telling Series through June 2017." On September 7, 2018, the Town responded to Mr. Keaney's request by stating they "don't have anything else in my possession related to any of your questions besides the emails you have been provided." Mr. Keaney appealed the response of the Town and SPR18/1460 was opened as a result. On October 1, 2018, the Town issued a supplemental response stating, "[t]he Town has no interest in withholding records, and has forwarded to Mr. Keaney all records that he has requested." Public Records Law 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, § lO(a)(ii). Whereas this matter was opened based upon the Town's failure to provide a written response, I will now consider this administrative appeal closed. Mr. Keaney may appeal the substantive nature of the Town's response within ninety (90) days. See 950 C.M.R. 32.08(1). 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

Andrea Terkelsen SPR18/1460 Page 2 October 15, 2018 Sincerely, Rebecca S. Murray Supervisor of Records cc: Brian Keaney